Tennessee Divorce Laws

Ending a marriage is one of the hardest things you might ever do. If you’re thinking about divorce in Tennessee, knowing the basics can help you feel more prepared. But keep in mind that divorce laws can be difficult to understand and follow. That’s why it’s smart to work with a lawyer who knows Tennessee divorce laws inside and out. A lawyer can guide you through the whole process and help protect your rights.

Reasons for Divorce in Tennessee

In Tennessee, you need to have a reason to get divorced. The law calls these reasons “grounds for divorce.” Some of the main reasons Tennessee allows include cheating, leaving for a year or more, mean treatment, drug or alcohol problems, and going to prison.

Sometimes, couples just can’t get along anymore. In Tennessee, you can get divorced for this reason. The law calls it “irreconcilable differences.” This means you and your spouse just can’t work things out.

A lawyer can help you figure out which reason for divorce fits your situation best. They can also help you prove your reason if you need to go to court.

Living Apart Before Divorce

Tennessee has a special rule for couples who have been living apart. If you and your spouse have lived in different places for two years or more, and you don’t have any kids under 18, you might be able to get divorced more easily. This is called a “no-fault” divorce because you don’t have to prove that anyone did anything wrong. However, there are some rules you have to follow.

You really do have to live in separate places. Just sleeping in different rooms in the same house doesn’t count. You need to have some kind of written agreement about living apart. You can’t have any children who are under 18 years old.
A lawyer can tell you if this option might work for you. They can also help you write up the agreement you need.

How Long Divorce Takes in Tennessee?

In Tennessee, you have to wait a while before your divorce can be final. How long you wait depends on whether you have kids.

If you don’t have kids, you have to wait at least 60 days after you file for divorce. If you do have kids, you have to wait at least 90 days after you file for divorce.

This waiting time is meant to give you and your spouse a chance to think things over. Sometimes, couples decide to try to work things out during this time.

Even though you have to wait to be officially divorced, there’s a lot that happens during the waiting time. You and your spouse (or your lawyers) will work on figuring out how to split up your belongings, who will live where, and how you’ll take care of your kids if you have any.

A lawyer can be extremely helpful during this waiting time. They can help you understand what’s fair when it comes to splitting up your belongings, make sure you’re not agreeing to something that’s bad for you in the long run, help you figure out a good plan for your kids, make sure all your paperwork is filled out right, and talk to your spouse’s lawyer so you don’t have to.

Splitting Up Your Belongings in a Tennessee Divorce

When you get divorced in Tennessee, you have to figure out how to split up all the things you own together. This includes your house, cars, furniture, bank accounts, and even debts like credit card bills or a mortgage.

Tennessee tries to be fair when splitting up your belongings. They don’t automatically split everything 50-50. Instead, they look at a bunch of different factors like how long you were married, how much money each of you makes, your age and health, how much each of you helped earn money during the marriage, how much each of you helped take care of the house or kids, and the value of the stuff you’re splitting up.

Sometimes, couples can agree on how to split their stuff. But if you can’t agree, a judge will decide for you.
This is where having a lawyer can help. A good lawyer will fight to make sure you get your fair share. They know what judges usually think is fair, so they can help you know what to expect.

Remember, you also have to split up any debts you have. A lawyer can help make sure you’re not stuck paying more than your fair share of the bills.

Money for Your Ex: Alimony in Tennessee

Sometimes, in a divorce, one person has to pay money to their ex after the divorce is final. This is called alimony or spousal support. The idea is to help the person who makes less money keep living like they did during the marriage.

In Tennessee, there are different types of alimony. There’s short-term alimony, which is money paid for a short time to help someone get back on their feet. Maybe they need to go back to school or get job training.

There’s also long-term alimony, which is money paid for a long time, maybe even until the person getting the money dies or gets remarried. This usually happens in long marriages where one person gives up their career to take care of the family.

There’s also lump-sum alimony, which is when one big payment is made instead of regular smaller payments. And there’s alimony in solido, which is a set amount of money that will be paid no matter what happens (even if someone dies or gets remarried).

Whether you’ll get alimony or have to pay it depends on how long you were married, how much money each of you makes, your age and health, how you lived during your marriage, if one of you helped the other get education or training, and if one of you took care of the kids instead of working.

A lawyer can help you figure out if you might get alimony or have to pay it. They can also help argue for what’s fair, whether that’s more alimony, less alimony, or no alimony at all.

Taking Care of the Kids: Child Custody and Support

If you have kids, figuring out how to take care of them after the divorce is very important. There are two main things to think about: custody and child support.

Custody is about who the kids will live with and who gets to make big decisions about their lives. In Tennessee, there are two types of custody. Physical custody is about where the kids live. Legal custody is about who gets to make big decisions about things like the kids’ education, health care, and religion. Either one parent can have custody, or both parents can share it. When parents share custody, it’s called joint custody.

Tennessee wants both parents to be involved in their kids’ lives if possible. But the most important thing is what’s best for the kids. To figure this out, they look at things like which parent has been taking care of the kids most of the time, and how well each parent can take care of the kids. They will also consider how well the parents get along with each other, whether there’s been any abuse, and what the kids want (if they’re old enough to have an opinion).

A lawyer can help you come up with a custody plan that works for you and your kids. They can also help you argue for what you think is best if you and your ex can’t agree.

Even if parents share custody, usually, one parent will pay child support to the other. This is money to help pay for the kids’ food, clothes, school supplies, and other needs. Tennessee has guidelines for how much child support should be paid. It’s based on how much money each parent makes, how much time each parent spends with the kids, how many kids there are, and whether the kids have any special needs.

However, it’s not always as simple as just following the guidelines. Sometimes, there are good reasons to pay more or less than the guideline amount. A lawyer can help make sure the child support amount is fair for you and your kids.

Getting Help from a Tennessee Divorce Lawyer

Remember, your divorce will affect your life for years to come. It’s worth getting help to make sure it’s done right.
Don’t wait to get help. The sooner you talk to a lawyer, the more they can do to help you. They can answer your questions, explain your options, and help you protect what matters most to you.

A good lawyer will listen to what you want, explain what’s possible, and help you make a plan to get through your divorce as smoothly as possible. They’re on your side, fighting to make sure you’re treated fairly every step of the way.

So, if you’re thinking about divorce in Tennessee or if your spouse has already filed for divorce, don’t face it alone. Reach out to a skilled Tennessee divorce lawyer today. They can help you understand your rights, protect your interests, and start building a better future for yourself and your family.