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Tennessee Divorce Law

Divorce Laws in Tennessee

According to Tennessee divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement that there are irreconcilable differences within the marriage, as well as a showing that the spouse’s have been living separate and apart for two years. However, other circumstances might be required. Fault grounds can include, but is not limited to, adultery, desertion and cruel and inhumane treatment. Additionally, there is no residency requirement prior to having the right to sue for divorce in Tennessee so long as the spouse filing was living in Tennessee when the grounds for divorce arose.

Alimony & Equitable Distribution in Tennessee

Tennessee is known as an equitable distribution state. According to the divorce laws in Tennessee this means that the marital property must be divided fairly or equitably. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be defined as court ordered spousal support under the divorce laws of TN. Such relevant economic factors as the length of the marriage, the current income and needs of the spouses, etc. are considered in determining the amount that should be paid. Lump sum, periodic or rehabilitative support may be ordered.

Tennessee Child Support and Child Custody

The main focus in determining child custody, according to Tennessee divorce law, is the best interest of the children as well as the preference of the children. However, under TN divorce laws the assumption is that joint custody is the best custody, so long as the parents are in agreement. Custody of minor children may be awarded to their same sex parent. The non-custodial parent will usually be awarded visitation right to see the child.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Flat Percentage of Income Model as set forth by divorce law in Tennessee. Expect to pay child support though the age of 18 years old or until the child is a high school graduate.