Divorce in Tennessee: What You Need to Know
The process of filing for divorce can be a very stressful time in your life, from knowing what exactly you need to file, to actually agreeing with your spouse on how martial property and child custody will be divided.
When Can You File:
The general rule in Tennessee is you have to reside within Tennessee for at least six months before you file for divorce. (Tenn. Code Ann. § 36-4-104 (a)) However, there is an exception if you or your spouse is in the military.
You may file in the county where you or your spouse live, so if your spouse still resides in Tennessee, you can file in the county where your spouse lives, even if you no longer live in the state. (Tenn. Code Ann. § 36-4-105 (a))
How Much Will Divorce Cost?
The answer to this question varies in every case, but divorce does not have to be expensive. If both parties agree on all terms, then they can file what is called an uncontested divorce. A simple uncontested divorce can cost as little as $500.00 not including the filing fee(s).
For obvious reasons divorce will be much cheaper if all parties agree. The longer it takes both parties to agree the more it will cost to divorce.
How Long Does it Take to Get Divorced?
An uncontested divorce with no-fault can take about two – six months. There is a mandatory 60-day “cooling off” period after filing if there are no children in the marriage. If there are children, then it will take a minimum of 90 days. (Tenn. Code Ann. § 36-4-101 (b))
Depending on how agreeable the parties are, a contested divorce can last years. If the parties agree to divide a pension it could take an additional 60 – 180 days after the court enters the final divorce decree to complete the division of property.
Marital Property: How Is Property Divided?
Tennessee is an equitable distribution state. Equitable distribution of marital property does not necessarily mean “equal.” An equitable division means a fair distribution of marital property after consideration is given as to all of the legally relevant circumstances and factors relating to the divorcing parties.
According to Tenn. Code Ann. § 36-4-121, martial property is defined as:
“‘Marital property’ means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing and owned by either or both spouses as of the date of filing of a complaint for divorce, except in the case of fraudulent conveyance in anticipation of filing, and including any property to which a right was acquired up to the date of the final divorce hearing, and valued as of a date as near as reasonably possible to the final divorce hearing date. . . . All marital property shall be valued as of a date as near as possible to the date of entry of the order finally dividing the marital property.”
Parenting Plan: How Is Child Custody Determined?
When filing for divorce in Tennessee married parents will come up with a parenting plan that will ultimately be a part of the final divorce decree.
A parenting plan will name one parent as the “Primary Residential Parent,” who will exercise custody of the children at least half of the time. The other parent is called the “Alternate Residential Parent.” A visitation schedule states exactly when and how long the children will be in each parent’s custody. The parenting plan will also declare who gets to make educational, medical and religious decisions for the child - the mother, the father, or both.
Courts favor preserving and promoting a child’s relationship with both parents whenever possible. In order for the parenting plan to be effective it should go beyond the traditional concepts of custody and visitation and instead focus on both parents working together to put the best of interest of the child(ren) first.
The goal of a cohesive plan is to avoid disputes that can arise between co-parents.
Do You Need an Attorney?
If you're unsure of where you should file for divorce, you should contact a family law attorney before submitting any paperwork. At Cotter Law we will provide compassionate yet aggressive representation. Family law matters can be complex and that is why it is important to have an attorney on your side. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an attorney.
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