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Very often, people have property of their own when they get married. This may include bank accounts, retirement accounts, real estate or vehicles. For the purposes of a divorce, such assets may be considered separate property. Thus, these assets remain theirs alone and are not subject to the property division process.

The main disadvantage of legally separating is neither spouse will be able to remarry or enter into another domestic partnership. In Tennessee, it may be considered adultery to enter into a sexual relationship with someone other than your spouse while legally separated.

In Tennessee, marital property must be divided equitably. That means that if you buy a house while you're married, you and your spouse are both entitled to the equity in that home. But that doesn't necessarily mean that you will be ordered to sell the house and split the proceeds right down the middle.

The legal separation process begins when either spouse files a petition with the court. At least one spouse must meet the state's residency requirement (being a Tennessee resident for at least 6 months before filing). The filing spouse must provide the court with the grounds (legal reason) for the request.

?Willful or malicious desertion or absence of either party, without a reasonable cause, for one whole year.? This means that if your spouse has been away or deserted you for one year or longer without cause, you have grounds for this type of fault-based divorce.

The process begins with the filing of a petition by one spouse. The petition must state the reasons for the separation, including any violent or abusive behavior on the part of the other spouse. If the court agrees that a judicial is necessary, it will order the couple to begin the separation process.