Tennessee Injunction -Divorce/Legal Separation is an injunction, or court order, that can be filed by either party involved in a divorce or legal separation. This court order can prevent the other party from taking certain actions, such as selling or disposing of marital assets or harassing the other party. There are two types of Tennessee Injunctions -Divorce/Legal Separation: Temporary and Permanent. A Temporary Injunction -Divorce/Legal Separation is usually issued at the start of the divorce process and is meant to protect the parties until a final decree of divorce or legal separation can be reached. A Permanent Injunction -Divorce/Legal Separation is typically issued after the divorce is finalized, and is meant to ensure that the parties comply with the terms and conditions of the divorce.
Tennessee Injunction -Divorce/Legal Separation
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FAQ
One party (the petitioner) must file a petition for legal separation with the court. They can file for a no-fault separation (by simply citing an "irretrievable breakdown" in the marriage) or on fault-based grounds (alleging that a specific behavior such as adultery caused the marriage to crumble).
?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.
Once a divorce complaint is filed, in Tennessee, a statutory Temporary Restraining Order automatically goes into immediate effect. Under the terms of that Order, once a divorce is filed, you must not: Bother (harass), threaten, assault or abuse your spouse.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
What is a preliminary injunction? A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
A temporary injunction may be granted during the pendency of an action if it is clearly shown by verified complaint, affidavit or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss or damage pending a final judgment
RULE 65. Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.