Tennessee allows married couples to either divorce, separate, or annul a marriage.
A divorce ends a marriage, distributes marital property, and terminates each spouse’s marital rights. The end result is a divorce decree. The court’s final order will address all of the issues in that particular divorce: division of property and debt, child custody, child support, alimony, and others.
Tennessee has residency requirements for divorce. Typically, you must have lived in the state for at least six months.
A legal separation is like a divorce in that a formal document is created setting forth the parties’ agreements regarding the division of property and debt, child custody, child support, alimony, and more. The difference is that in a legal separation, the couple cannot legally remarry, and they retain their property rights.
Unlike divorce, where it’s accepted by all that a marriage existed, and now it’s being formally dissolved, annulment takes the position that there was never a valid marriage in the first place.
An annulment is a legal decree that the marriage was void (nonexistent). The law considers that no valid marriage ever took place, there is no way through the normal divorce system to obtain a document terminating it (a divorce decree).
Annulments are rare and are only granted in cases such as:
- One of the partners was tricked, pressured, threatened, or forced to marry;
- If either party was under the age of 17;
- If one or both parties lack capacity ;
- Inability to consummate the marriage;
- The woman was pregnant by another at the time of the marriage;
- The marriage is not consummated;
- Bigamy;
- Incest; and
- Insanity.
Grounds for Divorce
In Tennessee, there are two types of divorces: uncontested, which means the parties have “irreconcilable differences” (they simply cannot get along), and contested, which requires proof of grounds for divorce.
There are 13 grounds for a contested divorce in Tennessee, including:
- Adultery;
- Habitual drunkenness or abuse of narcotic drugs;
- Willful or malicious desertion for one full year without a reasonable cause;
- Conviction of a felony; and
- Abandonment or refusal or neglecting to provide for spouse, although able to do so.
What Paperwork Do You Need to File for Divorce?
To file for divorce, you must file a series of paperwork with your county’s Chancery or Circuit Court. If you and your spouse agree to divorce (and meet other requirements), you can submit a simplified Request for Divorce. The forms for an agreed divorce are available at your county courthouse, as well as online.
If your divorce is contested or involves minor children, you must draft a Complaint for Divorce and complete a Certificate for Divorce and Summons. The contested divorce process is more complicated and typically involves a court hearing. You should seriously consider hiring a divorce lawyer if you have minor children, significant financial assets, or if your spouse is unwilling to divorce.
The Complaint will address information about the parties, such as their names and birth dates; information about the children, including your custody, visitation and child support preferences; and your desires with regard to how to split up assets and debts.
Along with the Complaint, you will also need to complete and submit a Summons. The Complaint for Divorce, the Certificate for Divorce, and the Summons must be “served” on the other spouse. “Serve” is a technical legal term in this instance. It means that a person unconnected to the parties (usually the county sheriff or a private service agency) will find your spouse and place copies of the documents directly in their hands.
In Tennessee, you may also serve your spouse via certified mail. You must provide the court with written proof of service as soon as it is attainable.
Once the Petition has been served, the respondent must file an Answer. It will match the Petition paragraph by paragraph, stating whether they agree or disagree with your positions and requests.
How Is Property Divided During a Divorce?
Community Property vs. Equitable Distribution
In the United States, there are two forms of property ownership during a marriage. In certain states, all property acquired during the marriage belongs to both people and will be split evenly. This form of ownership is called “community property.”
The other form, called “equitable distribution,” and the form of ownership that Tennessee recognizes. The division of property is not necessarily 50/50. Instead, the court will determine what is fair based on a series of factors (including the value of your property and each spouse’s economic circumstances).
It is always best to negotiate with your spouse before going to court. However, if you cannot agree on how to split up your assets, the court will divide your property equitably. While marital property is divided between the spouses, each party is typically allowed to keep their separate property. This includes property acquired:
What Should You Do if There are Children Involved?
If you and your spouse have children, you must address child custody and child support during your divorce. If you and your spouse cannot agree on child support and custody issues, the court will award custody and support based on a series of factors and guidelines, focusing on the “best interests” of the child.
It is to the parties’ benefit to form a fair and appropriate child support and custody plan before you divorce. It can be difficult to modify these orders later, and changes will result in additional attorney fees and costs.
What About Alimony?
Tennessee courts weigh a series of factors before awarding alimony or spousal support. Alimony can be awarded on a temporary or a long-term basis, and can even be ordered while the divorce is pending.
In determining whether to grant alimony and the nature, amount, length of term, and manner of payment, the court will consider all relevant factors, including but not limited to the following:
- The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans, and all other sources;
- The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level;
- The duration of the marriage;
- The physical condition of each party, including, but not limited to, physical disability;
- The need for one party to stay home and not work because they are the primary caretaker of young children;
- The standard of living of the parties during the marriage; and
- The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to consider this
Where Can You Find the Right Divorce Lawyer?
Technically, you do not have to hire an attorney to get a divorce in Tennessee. However, it is strongly recommended that you do. If you are filing for divorce with children, your divorce will forever change your parenting time. A divorce will have a huge impact on your financial planning and you will need the help of a professional to fully understand all of your rights and obligations.
Divorces can quickly become contentious and complicated. If your divorce will involve a significant property division, children, or alimony, consider hiring a Tennessee divorce lawyer. A lawyer will advocate on your behalf and work to secure the best possible results.
