Divorce Guide

Divorce Guide

Tennessee No Fault Divorce

According to Tennessee no-fault divorce laws, one can obtain divorce on the grounds of no fault, where a spouse needs to simply file in the court stating that the marriage has “irretrievably broken down” owing to “irreconcilable differences”. There is no need for a spouse to prove that the other spouse has indulged in any wrongdoing or fault. The other grounds of divorce on the basis of which divorce would be granted are adultery, willful desertion, imprisonment etc.

Residential requirements in Tennessee no fault divorce

According to TN no-fault divorce laws, if the grounds of the divorce had occurred in the state of Tennessee, then divorce can be filed form here. If the grounds occurred outside the state or if the no fault divorce has been filed, then it is mandatory for at least one spouse to have stayed in the state for 6 months. One can file for divorce in the county that the parties resided during separation, or the county which the defendant resides in or the county which the plaintiff lives in.

Filing of divorce in TN no-fault divorce

Divorce laws of Tennessee state that if the no-fault divorce is uncontested then the defendant spouse may be even hand delivered the divorce papers. If he/she signs the papers and files it in the court, then the divorce would be granted as soon as the waiting period is over.

Waiting period in Tennessee no fault divorce

The waiting period is also called the “cooling off period”, where the parties are allowed to rethink their decision of divorce. If there are no minor children involved, then the waiting period is 60 days and if there are minor children present, then the waiting period is 90 days.

Property division in TN no-fault divorce

According to no fault divorce laws in TN related to property division, the spouses are “equitably and fairly” divided the property. Here, the marital property of the spouses which they had acquired during the course of the marriage is divided among the spouses. Various factors such as the financial needs of the spouses, age and their health, lifestyle led by the spouses etc are considered while dividing the property. “Separate property” of the individuals which they had acquired before the marriage or after filing of divorce etc are not considered for division.

Generally, spouses settle the matter of property division among themselves “outside the courts” so that the trial of the divorce does not take a long time and also saves their money. Spouses are known to participate in custody mediation to settle the matter of property division. Courts intervene only if the spouses are unable to reconcile with each other.

Child custody in Tennessee no fault divorce

Usually the issue of child custody and child support is settled outside the courts, among the spouses. They may participate in child custody mediation programme suggested by the courts where a third neutral party helps them in formulating a sound parenting plan and visitation schedule. If the parents are unable to reach a consensus over this custody issue, then the courts would intervene. If a parent proves in the court that the presence of the other parent is detrimental o the child then custody rights would not be given to that partner. In all cases, courts try to ensure the welfare, safety and “best interest of the child” is given the top most priority.

One can choose the grounds of divorce while filing for a petition for dissolving the marriage. Many people choose “no-fault” grounds even if there were substantial grounds of “fault” on the part of the other. This is to avoid agonizing court battles and also to save time. Some file “fault” grounds when they are sure to have an edge over the other spouse on the matter of custody or property division. Thus, your attorney is the best guide to tell you which grounds to choose.

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