Tennessee Divorce Laws

Tennessee Divorce Laws regarding Alimony

The types of alimony awarded in this state are lump sum alimony, transitional alimony, periodic alimony or rehabilitative alimony or a blend of these. The following factors are considered to determine alimony –

• The property allocated to the partners
• The separate assets of the partners
• In case of the custodial parent, is the care of the minor child making it impossible to work outside the house
• The physical and mental state and age of each partner inclusive of any incapacity due to chronic weakening disease or physical disability
• The period of marital life
• The relative earning capacity of each partner and the need of the partners to enhance the earnings to a reasonable level by means of further education and training
• The economical sources, requirements and obligations of each partner
• The relative fault of the partners in married life
• The input of the partners as a homemaker and the input to the raised earning, training or education of the other partner
• The standard of living enjoyed in marital life
• Any remaining issues inclusive of the tax effects for each partner that are essential to take into account the equities of the partners

Tennessee Divorce Laws regarding Property Distribution

All property attained during marriage is classified as marital property irrespective of on whose name the title of the property exists. The following type of property is classified as separate property –

• Property obtained prior to the marriage
• Property procured after a legal separation
• Inheritances and gifts
• Pain and suffering awards

While deciding on an equitable distribution of the marital property, the Court ponders over the following factors –

• The input of the partners as a parent, wage earner or homemaker
• The relative capacity of each partner for future asset acquirement and employment
• The input of one partner to the enhanced earning capacity or education of the other partner
• The economical requirements, employability, mental and physical health and age of every partner
• The duration of marital life
• The social security benefits offered to each partner
• The effects on the tax of the partners due to the property distribution
• At the moment of divorce, the financial conditions of the partners
• The valuation of separate property of each partner
• Any other relevant factors

Child Custody

In determining child custody, the best interests of the child are intended by the Court, after reviewing the below mentioned factors –

• The capacity of parenting of each partner inclusive of the readiness to promote a continued and close relation amongst the other parent and the child
• If an individual frequently interacts with the child or stays with the child, the character of such a person is observed
• Proof of abuse to any other person or the other parent or the child
• If the child is minimum 12 years of age, then the preference of the child is considered
• The affection, love and emotional ties amongst the child and the parent
• Other factors thought to be relevant by the Court

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