20 Things to Know about Divorce in TN

Posted by Martin Heller Potempa & Sheppard, PLLC on June 7, 2019

Contemplating a divorce in TN? If so, we think you’ll benefit from some quick answers to questions on your mind. While this list is certainly not all inclusive, it’s a great starting point. In the meantime, you should always consult with an experienced family law attorney for legal advice concerning your personal situation.

Divorce in TN

  1. TN Code § 36-4-101 lists fifteen grounds for divorce from the bonds of matrimony.
  2. In most situations, papers are filed in the county where the couple lived before they separated.
  3. An uncontested divorce means both parties agree the marriage failed because of irreconcilable differences.
  4. Allegations of inappropriate marital conduct as a grounds for divorce suggests cruel and inhuman treatment making cohabitation unsafe and improper.
  5. A contested divorce names reasons for the divorce. Contested means the parties don’t necessarily agree on the reason for the marital dissolution or what should happen next.
  6. Even if you don’t have direct evidence of your spouse engaging in sexual relations with someone outside your marriage, you can claim adultery as marital misconduct.
  7. Impotence and the inability to procreate are grounds for divorce.
  8. An experienced family law attorney can counsel you on the dangers of dating even after you’re separated.
  9. Uncontested divorces are finished quicker and are generally less expensive.
  10. You can still get divorced even if your spouse doesn’t participate in the legal action.
  11. You may be able to resolve your divorce without going to court.
  12. Executing a marital dissolution agreement allows you and your spouse to determine what happens with your assets, etc. Otherwise, a judge makes the determination.
  13. Divorce mediation represents an excellent means of helping the parties come to agreements regarding issues relative to their moving forward.
  14. Couples ending same-sex marriages have the same rights to divorce. However, they may face unique challenges.
  15. The court considers the child’s best interests in making child custody decisions. No preference is made to either parent based on gender.
  16. When it comes to dividing assets, there’s a difference between marital property and separate property.
  17. Distribution of marital property is defined in TN § 36-4-121.  Tennessee is an equitable distribution state.
  18. Tennessee law recognizes different types of alimony. An award for spousal support is also gender neutral.
  19. A divorce granted on the grounds of adultery can affect alimony and equitable distribution.
  20. You can return to court even after everything is finished if you can prove a change in circumstances since the court entered the judgment.

Contact Us

At Martin Heller Potempa & Sheppard, PLLC, we are experienced family law attorneys. We recognize this represents a difficult time in your life. Contact us to see how we can help you.

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