Grounds for divorce

Understand the grounds for divorce. Tennessee recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, cruelty, desertion, habitual drunkenness or drug abuse, impotence, bigamy, and conviction of a felony. No-fault grounds include irreconcilable differences and living apart for two years with no minor children. You must state the grounds for divorce in your complaint and prove them if contested by your spouse.

Residency Requirements

Know the residency requirements. To file for divorce in Tennessee, you or your spouse must have been a resident of the state for at least six months prior to filing. If you are not a resident of Tennessee, you may still file for divorce if your spouse is a resident and the grounds for divorce occurred in Tennessee.

Where to file

Choose the right county to file. You can file for divorce in the county where you or your spouse reside or where you both resided when you separated. If your spouse is a non-resident of Tennessee, you can file in the county where you reside.

Jointly or Separately

Decide whether to file jointly or separately. If you and your spouse agree on all the terms of the divorce, such as property division, alimony, child support, custody, and visitation, you can file a joint petition for divorce based on irreconcilable differences. This is also known as an uncontested divorce or an agreed divorce. If you do not agree on all the terms of the divorce, you must file a separate complaint for divorce and serve it on your spouse. This is also known as a contested divorce or a disputed divorce.

Get representation

Hire an attorney to represent you. Divorce is a complex legal matter that involves many rights and responsibilities. You should consult with an experienced family law attorney who can advise you on your options and protect your interests throughout the process. An attorney can help you negotiate a fair settlement with your spouse or advocate for you in court if necessary.

Marital Property

Identify and value your marital property. Tennessee is an equitable distribution state, which means that the court will divide your marital property in a fair and equitable manner, but not necessarily equally. Marital property is generally all property acquired during the marriage, regardless of whose name it is in. Separate property is generally property acquired before the marriage or after separation, or property that was given to one spouse as a gift or inheritance. Separate property is not subject to division by the court unless it has been transmuted or commingled with marital property.

To protect your rights to your marital property, you need to identify and value all of your assets and debts, such as real estate, vehicles, bank accounts, retirement accounts, investments, furniture, jewelry, credit cards, loans, etc. You should gather documents that show when and how each asset or debt was acquired and what its current value is. You should also keep track of any contributions you made to the acquisition, preservation, appreciation, or dissipation of the marital property.

Alimony - Child Support

Negotiate or litigate alimony and child support. Alimony is financial support paid by one spouse to another after a divorce. Child support is financial support paid by one parent to another for the benefit of their minor children. Both alimony and child support are determined by various factors, such as the income and earning capacity of each party, the needs and expenses of each party, the duration of the marriage, the standard of living during the marriage, the age and health of each party, the custody and visitation arrangements for the children, etc.

To protect your rights to alimony and child support, you need to provide accurate and complete information about your income and expenses, as well as those of your spouse or co-parent. You should also be prepared to negotiate a reasonable amount of alimony or child support that meets your needs and those of your children. If you cannot reach an agreement with your spouse or co-parent, you may have to go to court and let a judge decide.

Custody and Visitation

Establish custody and visitation rights for your children. Custody refers to the legal authority and responsibility to make decisions regarding the care and upbringing of your children. Visitation refers to the time that each parent spends with their children. Tennessee courts follow the best interests of the child standard when determining custody and visitation. This means that the court will consider various factors, such as the wishes of the parents and the child, the relationship of the child with each parent and other family members, the stability and continuity of the child's environment, the physical and mental health of each parent and the child, the ability of each parent to provide for the child's needs, etc.

To protect your rights to custody and visitation, you need to demonstrate that you are a fit and involved parent who can provide a safe and nurturing home for your children. You should also be willing to cooperate and communicate with your spouse or co-parent regarding your children's welfare. You should also be flexible and realistic about the custody and visitation schedule that works best for your children.

Court Process

Follow the divorce process and comply with court orders. Divorce is a legal process that involves several steps and procedures. You must follow the rules and deadlines set by the court and comply with any orders or agreements that are issued or reached during the process. Failing to do so may result in delays, penalties, or adverse consequences for your case.

Some of the steps and procedures involved in a divorce process include: - Filing and serving the divorce papers - Responding to the divorce papers - Attending a parenting education class (if you have minor children) - Participating in mediation or alternative dispute resolution (if required or agreed upon) - Conducting discovery (exchanging information and evidence) - Attending a temporary hearing (if needed to resolve urgent issues) - Preparing for trial (if no settlement is reached) - Attending a final hearing (where the judge will grant or deny the divorce and issue a final decree) - Appealing the final decree (if you disagree with the judge's decision)

Life After Divorce

Plan for your future after divorce. Divorce is not only an end of a marriage, but also a beginning of a new chapter in your life. To protect your rights and interests after divorce, you need to plan for your future and take steps to secure your financial, emotional, and personal well-being. Some of the steps you may need to take include: - Updating your estate plan (will, trust, power of attorney, etc.) - Changing your name (if you wish to do so) - Updating your insurance policies (health, life, auto, etc.) - Opening new bank accounts and credit cards - Closing joint accounts and credit cards - Establishing a budget and saving plan - Seeking professional help (counseling, therapy, support groups, etc.) - Pursuing new goals and opportunities (education, career, hobbies, etc.) - Dating again (when you are ready)