Divorce in Tennessee

Prepared as a public service by the Community Relations Committee of the Nashville Bar Association
This pamphlet made possible by a generous grant from the Kroger Company

Statistics indicate 50 percent of all marriages end in divorce. This means more people find themselves hiring a lawyer to dissolve their marriage. Dissolving a marriage usually involves separating marital assets and liabilities and, when children are involved, deciding child custody and visitation rights. Spousal support may also be an issue.

Tennessee has two types of divorce: irreconcilable differences, which requires no proof of fault, and fault-based divorce, which requires proof of grounds for divorce.

A signed agreement is required for an irreconcilable differences divorce. Irreconcilable differences divorce takes a minimum of 60 days in cases where there are no children, and a minimum of 90 days in cases where there are children.

Fault-based divorce requires proof of one of 15 grounds for divorce, or the parties may stipulate that either or both are at fault. Adultery and habitual abuse of alcohol are two examples of grounds for fault-based divorce. If there are no minor children, a two-year separation is also grounds for divorce.

Until a divorce decree is signed by the judge, the parties are still married and should do nothing contrary to their marriage vows.

When contacting an attorney for a divorce, the prospective client should bring a list of debts and assets, and if possible, the federal income tax returns filed during the years of the marriage. Upon the first visit with the attorney, the client should be prepared to discuss attorney fees, court costs or any other additional costs that might be incurred. It is important to ask your attorney what you can do to keep costs down.

Once the attorney has been hired, the client should ask for a written letter of engagement clearly outlining the agreement between the attorney and client. The client should also ask to be copied on every correspondence the attorney makes on his or her behalf during the duration of the case.

Dissolution Agreements

When a divorce is agreed upon by both parties, a marital dissolution agreement is drawn up settling the following:

o Court costs and attorney fees - who pays?

o Real Estate - Who gets the house? If the house is sold, how will the proceeds be divided?

o Retirement - what happens to any retirement benefits that have accrued during the marriage? Such benefits are marital property under Tennessee law.

o Personal Property - It is presumed in Tennessee that all property acquired during the marriage by the efforts of the parties, whether real or personal, will be divided equally.

o Debts

o Alimony - Has one spouse depended on the other spouse during the marriage for financial support? Is it a case where a spouse can be rehabilitated through rehabilitative alimony over a period of a few years? Does the spouse need alimony for an indefinite period?

o Custody - Should one parent or the other have sole custody? Courts generally will not award joint custody in a contested case, but are required to approve joint custody agreements in most cases.

o Child support - child support in Tennessee is determined by the Tennessee Child Support Award Guidelines. Contact your attorney to determine this amount.

o Child visitation - How often and when.

o Life insurance benefits

o Health insurance

Remember when working with your attorney toward an equitable divorce solution, it is best to provide written documents covering as much financial history as possible.

Other

Divorce mediation is a growing field open to people seeking a divorce. Mediation can save money and time especially when both parties want the divorce and marital property is minimal. For more information about mediation, call the Mediation Association of Tennessee at 291-4168.

For assistance in finding a lawyer for a divorce or any other legal matter, you may want to contact the Nashville Bar Association Lawyer Referral Service.