Tennessee allows unhappy married couples to legally separate instead of divorce. In the context of separation, spouses cut assets and liabilities, provide custody of children and provide financial assistance, but remain married under the law. If a separation agreement exists, any party can use it to complete a divorce. What does it mean to be legally separated in Tennessee? The reasons for separation are the same as divorce. Irreconcilable differences, adultery, abandonment, inappropriate marital behaviour, ordinary drunkenness, etc. In the event of a divorce, the court will distribute, distribute or allocate all marital property fairly between you and your spouse. With regard to the separation of rights, the court has discretion over the distribution of the property. Or not. Discretion means that the judge can enter the order now or leave the real estate issue for later. But most divorcees will both want to share marital property depending on the circumstances.
If the property is fairly distributed, everything purchased under the separation order is a separate property, the separate property being that owned by a single spouse. Based on the information above, you may have concluded that separation (rather than divorce) is the right way to resolve your marital disputes. Although a non-dissolution separation is often a preparatory step towards divorce, sometimes one or both parties are already sure that the differences are really incompatible and therefore help us to divorce. Our lawyers have experience in any type of divorce or separation that best fits your situation, including undisputed divorce or controversial divorce, collaborative divorce and separation without dissolution of marriage. There are advantages to choosing to separate legally rather than divorce to account. Separation agreements can protect both spouses and help resolve issues such as debt, property, child custody, home visits, child care, child support and other important issues in writing. In addition, the separation of spouses allows you to remain married in order to maintain insurance coverage in the event of a spouse`s disability or death. Rarely is there a single reason why couples decide to separate in Tennessee is best for them.
They may want a break from living together or they may not be able to divorce for religious beliefs. Below are some frequently asked questions and answers for those who are married and are looking for ways to end their marriage in Tennessee. General Summary: Parties to the marriage may enter into an immediate separation agreement in writing and provide for the support of both and their children during such a separation.