If you are currently going through a divorce in Tennessee (or any state) it is likely you are feeling very vulnerable and are not sure which way to turn. You may feel that your life will never again feel "normal" and thinking about the legalities and financial issues of your divorce may seem like too much to handle. Now is the time to take very good care of yourself, for your future and for the future of your children. You will get off this divorce roller-coaster and an experienced divorce attorney can guide you through the maze of assets, spousal support, child support, and tax issues, taking some of the stress from you life.
Grounds for Divorce in Tennessee
Tennessee offers the option of either a "no-fault" divorce, which is basically due to irreconcilable differences, or a "fault" divorce which can be based on any of the following:
- Impotence
- Adultery
- Conviction of a felony and imprisonment
- Alcoholism or drug addiction
- Willful desertion for one year
- Bigamy
- Endangering the life of a spouse
- Conviction of an "infamous" crime
- Refusing to move to Tennessee with a spouse 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.
You will want to be very careful when deciding on the grounds for your divorce as certain "fault" reasons can impact the settlement of assets.
Division of Property
Tennessee is an equitable distribution state, meaning that the division may not be strictly equal, but will, presumably, be fair for both parties. If you and your spouse cannot agree on settlement issues the Judge will do it for you based on:
- Contribution of each spouse to acquisition, preservation and dissipation of marital property. He will take into consideration the contribution of each spouse as homemaker, wage-earner or parent.
- The value of each spouse's property at the time of the marriage
- The economic circumstances of each spouse when the division will become effective
- Length of marriage
- Age and health of both spouses
- Vocational skills of both spouses
- The liabilities and needs of both spouses
- The Federal Income Tax consequences for both spouses regarding the division
- The present and potential earning capacity of both spouses
- The ability of both spouses for future capital and income
- The employability of each spouse
- Social Security Benefits
Spousal Support
The state of Tennessee provides for either temporary or permanent spousal support, based on the same factors as the division of assets and properties. In most cases it is intended to be temporary while you either further your education in order to improve your job prospects, or look for work that will support you.
Child Support
The child support payments you receive will depend both on how many children you and your husband have and his monthly net income. It will be calculated by the courts to equal a percentage of that income, and will go up with each additional child. The courts will also decide visitation privileges if you and your husband were unable to come to a mutual agreement, and will dictate who will carry health insurance for the children.
You and your ex-spouse may be required to attend counseling or mediation if the court feels there is any chance of reconciliation, so if you are certain you want a divorce, be sure to state that clearly. Having a very experienced divorce attorney on your side, watching out for your rights, can be the greatest benefit you can have during this difficult and emotional time.
