Tennessee Divorce Laws

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Divorce laws are an essential part of the proceedings of a divorce in Tennessee. Like other states, this state has a set of its own rules and regulations to handle a divorce process. These rules are known as the divorce laws. These laws are the guidelines that can outline a divorce case. They are the basis of the final results of the court in matters like alimony, child support and child custody. Here are some provisions mentioned in the Tennessee divorce laws regarding these issues.

Tennessee Divorce Laws regarding Alimony

Alimony, which is also known as spousal support, is a kind of help provided by a partner who is economically well-off. The alimony is paid to the other partner to get enough resources to survive after divorce. The types of alimony awarded in this state are alimony paid in lump sum amount, transitional alimony, periodic alimony or rehabilitative alimony or a blend of all these types. The following factors are considered to determine alimony -

  • The property allocated to the partners
  • The separate assets of the partners
  • Whether taking care of the minor child is making it impossible to work outside the house for custodial parents.
  • The physical and mental state and age of each partner inclusive of any incapacity due to chronic weakening disease or physical disability.
  • The period of marital life
  • The relative earning capacity of each partner and the capacity of the partners to enhance the earnings to a reasonable level by means of further education and training.
  • The economical sources, requirements and obligations of each partner.
  • The relative fault of the partners in married life.
  • The input of the partners as a homemaker and the input to the increased earning, training or education of the other partner.
  • The standard of living enjoyed in marital life.
  • Any remaining issues that are essential to take into account such as the equities of the partners, the tax effects of the divorce, etc.

Tennessee Divorce Laws regarding Property Distribution

Property distribution is a disputable issue between partners. If the spouses agree on the terms of property division by mutual consent, then such division is approved by the court after studying it thoroughly. Otherwise, the issue will be handled in the court by ordering disclosure of property from both partners. All property attained during marriage is classified as marital property irrespective of the name that exists on the title. The following type of property is classified as separate property -

  • Property obtained prior to the marriage
  • Property procured after a legal separation
  • Inheritances and gifts
  • Pain and suffering awards

While deciding on an equitable distribution of the marital property, the Court ponders over the following factors -

  • The contribution of the partners as a parent, wage earner or homemaker.
  • The relative capacity of each partner for future asset acquirement and employment.
  • The input of one partner for the enhanced earning capacity or education of the other partner.
  • The economical requirements, employability, mental and physical health and age of every partner.
  • The Marriage duration
  • The social security benefits offered to each partner
  • The effects on tax of the partners due to the property distribution
  • The financial conditions of the partners at the time of divorce.
  • The valuation of separate property owned by each partner
  • Any other relevant factors

Child Custody

Child custody depends on many factors. It is can be joint custody or single custody, depending on the situations of the partners. In determining child custody, the best interests of the child are though over by the Court, after reviewing the below mentioned factors -

  • The mutual understanding between partners including a readiness to accept and encourage a close relation between the other parent and the child.
  • If an individual frequently interacts with the child or stays with the child, the character of such a person is observed.
  • Proof of abuse to any other person or the other parent or the child.
  • If the child is minimum 12 years of age, then the preference of the child is considered.
  • The affection, love and emotional ties amongst the child and the parent.
  • Other factors thought to be relevant by the Court.

In this way, the court procedures are carried out according to the Tennessee divorce laws. It is necessary to remember that a deep study of these laws is mandatory before taking any decisions. It is advised to have a legal advice if the case of divorce is a contested one.

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