There are many laws that govern the process of filing for divorce in Tennessee which can be easy to overlook or become confused over. However, it is imperative that each party fully understand these laws as well as the rights they are entitled to.
Below are rules regarding dissolution cases in Tennessee that will help you obtain a favorable resolution:
Residency Requirements in Tennessee
In order to file for divorce in Tennessee, the plaintiff (spouse filing the petition) must be a resident of this state. However, if the grounds for divorce took place outside of the state, the rules state that the plaintiff must have resided in Tennessee for at least 6 months preceding the filing of the complaint. If you were served divorce papers and your spouse does not meet these residency requirements, you can contest the case with the help of a Tennessee divorce lawyer.
Tennessee’s Legal Grounds for Divorce
Parties wishing to file for divorce in Tennessee must cite any of the following grounds. Only the following grounds are acceptable in the state.
- Irreconcilable differences
- A two year period of separation, without cohabitation, if no minor children are involved
- Willful desertion for a period of one year
- Conviction or imprisonment
- Cruel or inhuman treatment
- Attempted murder
- Willful absence for a period of two years
- The wife was pregnant at the time of the marriage by someone other than her current spouse, without his knowledge
- Habitual drunkenness or drug abuse
- Indignities that render the marriage intolerable
- Abandonment or refusal to provide for the spouse
Child Custody Laws
Perhaps the most delicate aspect of a Tennessee divorce is determining child custody arraignments. The court may award custody to either parent, or to both parents, but the main criterion for the decision is what is best for the child. The court will consider several factors, such as the relationship between the parent and child, the ability of the parent to provide for the child and the preference of the child, if over the age of 12.
Seeking Legal Help with a Tennessee Divorce Lawyer
Filing for divorce in Tennessee can be a long and complicated process. If just one mistake is made, you can forsake your rights when it comes to child custody, alimony or property. Hiring an experienced Tennessee divorce attorney is the best way to protect your rights, especially against fraud.
Our site provides access to some of the most acclaimed attorneys in the state who will help ensure your case resolves quickly and favorably. Call to schedule a consultation with one of our featured Tennessee divorce lawyers today to discuss your case options.