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This Confidential Divorce Information form is for use by parties to a divorce to include their names, dates of birth, social security numbers and addresses, as well as the same information for their dependents. This document is sealed in an envelope after it is filed in the clerk's office.
To get a divorce in Tennessee, either you or your spouse must have lived in the state for at least six months. You should file a complaint with the court, stating the grounds for divorce, such as irreconcilable differences or fault-based reasons. After that, the court will issue a summons, and you'll need to serve it to your spouse. Then, both of you need to gather and exchange financial information, negotiate a settlement or go to court, and finalize the divorce decree.
In Tennessee, at least one spouse must have lived in the state for a minimum of six months before filing for divorce. This requirement ensures that the Tennessee courts have jurisdiction over your case.
Tennessee recognizes both fault-based and no-fault grounds for divorce. No-fault divorces occur when both parties agree that the marriage is irretrievably broken, or they have lived apart for at least two years. Fault-based grounds include adultery, abandonment, cruel treatment, lengthy imprisonment, substance abuse, and more. However, fault grounds may affect property division or alimony awards.
The time it takes to get a divorce in Tennessee can vary depending on various factors, such as court caseload and the complexity of the issues involved. On average, an uncontested divorce may take around two to three months. However, contested divorces might take significantly longer due to negotiations, court hearings, and the judge's schedule.
Yes, you can file for divorce without an attorney in Tennessee. It is called pro se representation. However, divorce can be legally complicated, involving intricate paperwork and court procedures. It's advisable to consult with an attorney, at least initially, to ensure you understand your rights and obligations before proceeding on your own.
Tennessee follows the principle of equitable distribution when dividing marital property during a divorce. Equitable distribution means that the court divides property fairly, but not necessarily equally, based on each spouse's contributions, the length of the marriage, and other relevant factors. Marital property typically includes assets acquired during the marriage, while separate property remains with the original owner.
Yes, alimony, also known as spousal support, may be awarded in Tennessee divorces. The court considers various factors when determining whether to award alimony, including the length of the marriage, the standard of living during the marriage, the earning capacity of each spouse, and their overall financial situation. The amount and duration of alimony payments depend on the specific circumstances of the case.
Yes, child custody arrangements can typically be modified after divorce if there has been a substantial and material change in circumstances. These changes may include a parent's relocation, a child's changing needs, or other significant factors that affect the child's best interests. However, modifications can only be made through a court order, requiring the submission of a formal request with supporting evidence.
Legal custody refers to a parent's authority to make important decisions about a child's upbringing, such as education, healthcare, and religion. Physical custody, on the other hand, determines where the child will primarily reside. It can either be sole physical custody (the child lives primarily with one parent) or joint physical custody (the child splits time between both parents' residences). These custody types can be awarded in various combinations depending on the child's best interests.
Child support in Tennessee is calculated using the Tennessee Child Support Guidelines. The amount primarily depends on the parents' incomes, the number of children, and the custody arrangement. Other factors such as healthcare expenses and childcare costs may also be considered. It's important to note that child support payments are typically made until the child reaches the age of majority or graduates from high school.
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