Divorce isn’t just paperwork; it’s a legal process affecting your home, money, and family structure. In West Tennessee, the decisions made during divorce can have a lasting impact. Whether you’ve already filed or you’re preparing for that step, it helps to know how the process unfolds and what legal issues you’ll likely face. Clear information can make a difficult process more manageable.
Filing for Divorce in Tennessee
To start a divorce, one spouse must file a divorce complaint in the county where either person lives. You must have lived in Tennessee for at least six months before filing.
There are two types of divorce in Tennessee: uncontested and contested. If both spouses agree on all issues, including property and custody, it’s uncontested. If they disagree on anything, it’s contested.
Legal Grounds for Divorce
Tennessee allows both fault-based and no-fault divorces. No-fault divorces are usually based on “irreconcilable differences.” Fault-based grounds can include things like adultery, abuse, or abandonment.
Choosing the right grounds can affect the length of the case and the final outcome. It can also impact things like alimony or custody.
Property and Debt Division
Tennessee is an equitable distribution state. That means property and debts are divided fairly, but not always 50/50.
The court will consider many factors, including the length of the marriage, each person’s income, and what each person brought into the marriage. Assets like houses, retirement accounts, and cars may all be part of the split.
Child Custody and Support
Custody will be one of the most significant decisions if children are involved. Tennessee uses a Parenting Plan, which outlines how time with the child will be shared and how decisions will be made.
The court also prioritizes the child’s best interests, not the parent’s. This includes examining each parent’s relationship with the child, living situation, work schedule, and ability to care for the child.
Child support is based on a formula that includes both parents’ income, the amount of time the child spends with each parent, and other factors like health insurance and daycare costs.
Alimony
Alimony, also known as spousal support, may be awarded depending on each spouse’s financial situation. The court considers income, age, health, and whether one person stayed home or gave up work opportunities during the marriage.
There are several types of alimony in Tennessee. Some are short-term, while others last longer. It all depends on the facts of the case.
The Waiting Period
Even if the divorce is uncontested, Tennessee law requires a waiting period. The period for couples without children is 60 days, while those with children must wait 90 days.
This gives both sides time to agree to the terms. If the divorce is contested, the process can take several months or even longer.
Emotional Considerations
Divorce can affect every part of your life from where you live, to your finances, and to your relationship with your children. It’s normal to feel a mix of sadness, anger, guilt, and relief.
While the legal process is important, your mental and emotional well-being matters, too. If you’re struggling, reach out to a counselor or support group. Don’t try to handle it all on your own.
Final Thoughts
Divorce doesn’t mean failure. It means that something wasn’t working, and now it’s time to build a new path. The legal system has rules in place to help divide what needs to be divided and provide structure for what comes next.
If you live in West Tennessee and are thinking about divorce or have already started the process, Arnold, Willis & Conway can help you take the next step with confidence and clarity. Contact us today to schedule a consultation.