DIVORCE FAQS

Divorce is a complex and often stressful process that involves many legal issues and decisions. If you are considering getting a divorce in Tennessee, you may have some questions about your rights and obligations under the state laws. Here are some answers to some common questions about divorce in Tennessee:.

What is a wife entitled to in divorce in Tennessee?

Tennessee is an equitable distribution state, which means that the court will divide the marital property and debts in a fair and reasonable manner, but not necessarily equally. The court will consider several factors, such as the length of the marriage, the contribution of each spouse to the marital estate, the earning capacity and needs of each spouse, and the fault of either spouse for causing the divorce. The wife may be entitled to a share of the marital assets, such as the home, vehicles, bank accounts, retirement accounts, and personal property. The wife may also be entitled to alimony or spousal support, depending on her financial situation and the ability of the husband to pay. Alimony can be awarded for a specific period of time or indefinitely, depending on the circumstances.

How long do you have to be separated before divorce in Tennessee?

Tennessee allows both no-fault and fault-based divorces. A no-fault divorce can be granted based on irreconcilable differences or two-year separation without minor children. A fault-based divorce can be granted based on adultery, cruelty, drug/alcohol addiction, felony conviction, or other reasons. If you file for a no-fault divorce based on irreconcilable differences, you do not have to be separated for any specific period of time before filing. However, you and your spouse must agree on all issues regarding property division, alimony, child custody, and child support. If you file for a no-fault divorce based on two-year separation without minor children, you and your spouse must have lived apart for at least two years before filing. If you file for a fault-based divorce, you do not have to be separated for any specific period of time before filing, but you must prove the grounds for divorce in court.

How long does it take to get a divorce in Tennessee?

The length of time it takes to get a divorce in Tennessee depends on several factors, such as whether the divorce is contested or uncontested, whether there are minor children involved, whether there are complex issues regarding property or alimony, and whether there are any delays or complications in the court process. Generally speaking, an uncontested divorce can be finalized within 60 to 90 days after filing. A contested divorce can take several months or even years to resolve.

Is Tennessee a 50 - 50 divorce state?

Tennessee is not a 50 - 50 divorce state. As mentioned above, Tennessee is an equitable distribution state, which means that the court will divide the marital property and debts in a fair and reasonable manner, but not necessarily equally. The court will consider several factors to determine what is equitable in each case. Therefore, the outcome of each divorce case may vary depending on the specific facts and circumstances involved.

Divorce and related family law is a complex topic. So we made a number of informational pages designed to help you and answer your questions as you move through the divorce process:

CHECK THESE LINKS RELATED TO DIVORCE AND FAMILY LAW