If you are a man currently going through a divorce in Tennessee (or any state, for that matter), it is likely you are feeling somewhat off-balance and are wondering when, if ever, your life will seem normal again. Men typically receive much less support form friends and family members during a divorce because others may be uncomfortable with a man showing obvious emotion. You need to make sure to take care of yourself, and keep yourself healthy during this uncertain time. Additionally, it is greatly to your favor to hire an experienced divorce lawyer who can take some of the burden off your shoulders and make the mechanics of the divorce as painless as humanly possible.
Grounds for Divorce
In Tennessee, you can either obtain a no-fault divorce, which is the ever-vague "irreconcilable differences," or you can pick one of the following grounds, keeping in mind that whatever you decide can have an ultimate affect on your asset division and the awarding of spousal support and child support as well as child custody. The "fault" grounds for divorce are:
- Impotence
- Adultery
- Conviction of a felony and imprisonment
- Alcoholism or drug addiction
- A wife who is pregnant by another at the time of the marriage without your knowledge
- Willful deception for one year
- Bigamy
- Endangering the life of your spouse
- Conviction of an infamous crime
- Refusing to move to Tennessee with a spouse and staying away from the new residence for two years
- Cruel and inhuman treatment
- Indignities that make the spouse's life intolerable
- Abandonment, neglect, or banning the spouse from the marital home
Property Settlement
If you and your spouse are unable to agree on an equitable division of assets, the Judge will do it for you. Tennessee is an "equitable distribution" state, which does not necessarily mean the division will be strictly equal, but rather the judge will attempt to be fair, based on the following factors:
- Contribution of each spouse to the acquisition of marital property
- Value of each spouse's property at the time of the marriage and at present
- Length of the marriage
- Age and health of the spouses
- Vocational skills of each spouse
- The opportunities of each spouse the future acquisition of capital assets and income
- The Federal income Tax consequences of the court's division of the property
- The present and potential earning capacity of both spouses
- Social Security benefits
- Other relevant or pertinent factors which will promote equity and justice in the property settlement.
Alimony
You may be required to pay your spouse alimony, either temporarily or permanently. The judge will base his decision on the same criteria he judged your property settlement on. If he decides that your ex-wife's future job prospects can be increased by her returning to school or learning a trade, and she wishes to do so, you may be obligated to support her until she finishes. If she spent many of your married years being a homemaker or stay-at-home mom, you may be required to pay alimony for a longer period of time, or even permanently.
Child Support
Your monthly child support payment will be based on how many children you have and your monthly net income. The amount goes up for each additional child. The courts will also determine custody, visitation and all other issues relating to your children, and it is in your best interests if you can at least pretend to get along with your ex. Even if your divorce does not seem like it will turn contentious, you are still advised to hire a divorce attorney who is knowledgeable about all the many issues surrounding your divorce.
