Divorce Law in Tennessee
Are you facing a difficult separation in Tennessee? Is your spouse already working with an attorney?
Many couples cannot agree on key terms during a divorce, which often leads them into mediation or into the courtroom to settle unresolved matters.
Issues Involved in Tennessee Divorce Law
There are several important issues that must be resolved before a divorce can be finalized. These decisions can cause tension, especially when emotions are running high for one or both spouses.
Dividing Property
Dividing marital property is one of the most challenging parts of divorce. In many states, including Tennessee, nearly everything acquired during the marriage may be considered marital property. This includes real estate, bank accounts, vehicles, investments, and other jointly obtained assets.
Some states divide marital property evenly, while others use equitable distribution. Under equitable division, a judge reviews each spouse’s financial and non-financial contributions to the marriage, which may result in an unequal division of property, debt, and assets.
Child Support
Both parents are legally responsible for supporting their children financially. Child support helps cover essential needs, such as healthcare, food, childcare, clothing, and education.
Tennessee calculates child support using an income-share model. Payments are based on each parent’s gross income and the number of children involved. The Tennessee Department of Health notes that missed payments can lead to wage garnishment, liens, damage to credit, fines, or jail time. Because these payments are court orders, failure to comply can result in serious consequences.
Alimony
Alimony, also known as spousal support, varies depending on the marriage’s circumstances. Courts in Tennessee consider several factors when deciding whether alimony is appropriate, such as:
- A spouse’s need and the other spouse’s ability to pay
- Age and health of each spouse
- Length of the marriage
- Earning capacity and education level
- Property division
- Responsibility for children
- Separate assets owned by either spouse
Tennessee law recognizes four types of alimony: rehabilitative, periodic, transitional, and lump-sum. Each type serves a different purpose, whether helping a spouse pursue job training, adjusting to life after divorce, or providing long-term financial support.
Child Custody and Visitation
Child custody can be the most emotional issue parents face in a divorce. The court bases all decisions on the best interest of the child.
The Tennessee Code lists several best-interest factors, including the bond between the child and each parent, the child’s school and activity schedule, emotional support, home stability, and each parent’s availability. Courts avoid disrupting a child’s routine unless there is evidence of neglect or abuse.
Generally, Tennessee courts award joint legal custody. This allows both parents to make decisions about medical care, schooling, religious upbringing, and other major issues. Joint legal custody does not determine physical custody, and the non-custodial parent may still have visitation rights.
The Process of Going Through Divorce Law in Tennessee
If you are preparing for divorce, understanding the legal steps involved can help you navigate the process more confidently.
Step 1: File the Divorce Law Petition
The process begins when one spouse files a petition to dissolve the marriage. The petition must include a legal reason for divorce, proof of residency, and any other state-required information.
Tennessee is not a true no-fault state. A divorce based on irreconcilable differences can only be granted if the spouses reach a full settlement through a marital dissolution agreement.
Step 2: Request Temporary Orders
Divorce cases may take months to finalize. When spouses cannot wait for a ruling, temporary orders may address custody, support, or financial protection. Filing quickly helps ensure access to necessary resources.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must formally serve the other spouse with legal papers. If the other spouse accepts, they sign an affidavit. If not, a process server or sheriff may deliver the documents. Once service is complete, proof of service must be filed with the court.
Step 4: Try To Come to an Agreement
The best scenario is an uncontested divorce, where both spouses agree on all major issues. This can be accomplished independently or through mediation. An uncontested divorce often saves time, stress, and legal costs.
Step 5: Go To Court
If no agreement is reached, the case proceeds before a Tennessee judge. While a judge provides a final decision, the spouses lose control over the outcome. Divorce cases are typically heard in County Circuit Courts. If your case is in Jefferson County Circuit Court, you may benefit from having an experienced divorce attorney represent you.
Step 6: Receive the Judgment of Divorce
The divorce ends when a judge issues the final judgment. This document dissolves the marriage and outlines property division, child custody, financial obligations, and all other remaining issues.
Work With an Experienced Tennessee Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Tennessee divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Tennessee state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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