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Decree of court generally.

Divorce in Tennessee - Part 1

Ill conduct defense. Distribution of marital property. Right to remarry. Legitimacy of children unaffected by divorce or annulment.

Suspension of proceedings to attempt reconciliation -- Revocation. Expunction of divorce records upon reconciliation of parties.

Legal Information: Tennessee

Remarriage after spouse's two-year absence -- Effect of spouse's return. Mediation -- Confidentiality of information and documents. Mediation -- Waiver or extension -- Domestic abuse. Appointment of guardian ad litem. Compliance with notice of insurance termination provisions required.

How to File for No Fault Divorce in Tennessee - State Requirements and Documents

Notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property. False allegations of sexual abuse in furtherance of litigation. Marital debts must also be equitably distributed in Tennessee divorce. With each debt, the judge analyses four factors before deciding percentages or allocating the obligation to one spouse or the other.

Tennessee Divorce Laws - FAQs | Cordell & Cordell

With each party receiving what the court deems to be a fair share of their assets and debts, equitable distribution of the entire marital estate is accomplished. As a settlement term, spouses may agree to divide their marital property equally, splitting everything right down the middle. They include that provision in their marital dissolution agreement , or MDA.

This makes it possible for parties to achieve the same result in the division of marital property they would obtain in a divorce state and follower of community property law.

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The Tennessee court considers many statutory factors before making a final equitable distribution of property. Those factors are set forth in T. In a supplemental sense, the Tennessee Community Property Act is a trust law that could have an impact on property division in divorce.

See T. For some, the act could be a source of confusion over whether Tennessee is an equitable distribution or state. The act lets spouses create a voluntary trust agreement. Only trust property can be identified and owned as community property, not the spouses individually.

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Tennessee Divorce Laws

And only for the benefit of the spouses known as settlors as trust beneficiaries. Community property trusts are well-known among experienced Tennessee divorce attorneys as a tool for estate and tax planning purposes. It is always best to go to the courts with professional legal representation by your side. Call to schedule a confidential consultation regarding your divorce case.

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In order to get a divorce in Tennessee, individuals must meet the state residency requirements. The spouse filing for the divorce must be a resident of the state at the time that the grounds for divorce took place.


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If he or she was not a resident at that time, the spouse must wait 6 months before filing. In a no-fault divorce, the spouse can file for a dissolution of marriage based on irreconcilable differences. This second reason is only valid if the couple has no minor children. These grounds for divorce are taken from the Tennessee Code - Volume 6A, Title and Once you have hired our Nashville divorce lawyers to help you through your divorce, the next step will be to decide what type of divorce is right for you.

There are two different options available to you and your spouse: contested or uncontested divorce.