Divorce

Tennessee Divorce.

Tennessee Divorce In the state of Tennessee in order to file for a divorce, you must live in the state for at least 6 months, and then you may file for divorce.  Here the divorce process starts when one spouse files what is called a complaint for divorce.  Also with living in the state of Tennessee for 6 months before filing for divorce you must be a resident of the county that you file for divorce in.  Here there is no fault and fault based divorces here is a list and reason on both areas of divorce in Tennessee. No fault based divorce.
  1. Both of you must be in agreement of the divorce.  In a no fault based divorce it will state that there are irreconcilable differences in the divorce and that the two of you can not or do not want to save this marriage from divorce.
  2. In a no fault based divorce you must show that the 2 of you have been living apart for at least 2 years.
 In a no fault based divorce without it going to court you must be in agreement with debt division, property division, child custody and child support.  In an irreconcilable divorce there will be a 60 day waiting period, even if there is an agreement on all of these matters if not a court date will be set after the 60 day waiting period for a divorce.  If there are children involved and everything is agreed upon there is still a waiting period of 90 days, if all is agreed upon the divorce will be granted.  If not after the 90 days the trial set with divorce court. Fault based grounds for divorce in Tennessee include.
  1. If either of the spouses has cheated on one another, this is also called adultery, and then a divorce can take place.
  2. If either of the spouses has deserted each other for over a 2 year time period, then a divorce can take place.
  3. Abusive and cruel treatment within the marriage, then a divorce can take place.
  4. If either of the spouses have been convicted of a felony and sentenced to jail time, then a divorce can take place.
  5. Drug and alcohol abuse that you have tried to get your spouse help for and nothing has helped, then a divorce can take place.
 Remember in fault based grounds for divorce you must have proof that your spouse has done these things, remember it is not fair to a person that you accuse them of things if you are just wanting out of the marriage, that is irreconcilable differences, and even if the spouse is not in agreement a divorce trial date will be set.  Also remember that there are marriage counselors out there that are willing to help couples, in the 60-90 day waiting period for a divorce, it is sometimes a good plan to go ahead and seek counseling even if you do plan for the divorce, counseling can not only help you move on, but if there is children involved in can help them face what is going on, and let them know that it is not their fault for the divorce accruing.  Divorce is never an easy process for anyone. 

 

Posted: Feb 04 2008, 06:55 AM by Divorce | with no comments
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