At one time, there were certainties like Tennessee Vols, death, taxes and an oath to stay faithful and married. As they say, three out of four ain't bad, we suppose. You're probably in somewhat of a a panic, looking for answers? Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Should you require detailed information with respect to child support or other divorce issues, you can review Tennessee divorce lawsvia the link above.

Tennessee family law and its courts have the ability to provide for minor children of a marriage in most any way they deem appropriate. Weekly, monthly or semi-monthly payment is possible. Levies and executions can be ordered if awards are not paid. If one has one child, 20% of his or her net income would be deducted. Twenty five percent is deducted if the obligor has two children. If the obligor has three children, then 30% of the net income is deducted. Four or five children, and the deductions would be 35% and 40% of the net income. Six children or more, and the obligor would pay over 40%.

In Tennessee, child support payments can be ordered paid directly to the spouse or to the clerk of the court. The parents may not make changes to the court ordered child support unless approved by the court. This prevents coercion or intimidation. Tennessee enforces child support payments by intercepting IRS tax refund checks, reporting to the credit bureau, intercepting unemployment benefits, and the denial of passport rights.

Suspension of drivers licenses and liens on property can also be used as an enforcement tool. If you have any questions or need assistance, you can go to or call the Tennessee Department of Human Services. Find their link above.

In Tennessee, child support payments can be ordered paid directly to the spouse or to the clerk of the court. The parents may not make changes to the court ordered child support unless approved by the court. This prevents coercion or intimidation.

Tennessee enforces child support payments by intercepting IRS tax refund checks, reporting to the credit bureau, intercepting unemployment benefits, and the denial of passport rights. Suspension of drivers licenses and liens on property can also be used as an enforcement tool. If you have any questions or need assistance, you can go to or call the Tennessee Department of Human Services. Find their link above.

Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Killer Divorce Attorney and top Marriage Psychologist show you exact steps how to become happily divorced.

• Tennessee Alternative Dispute Resolution
• Tennessee Child Support Calculator
• Tennessee Coalition Against Domestic Violence
• Tennessee State Bar Association
• Tennessee Low Income Self Help
• Tennessee Child Support Services
• Tennessee Divorce Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children
  

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Child Custody

Like all states, Tennessee and its family court system makes child custody determinations regarding a minor upon the basis of the best interest of the child. Tennessee divorce statutes allow the court to consider any or all relevant factors including the following: 1.) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver; 2.) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver; 3.) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

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4.) The love, affection and emotional ties existing between the parents and child; 5.) The stability of the family unit of the parents; 6.) The mental and physical health of the parents; 7.) The home, school and community record of the child; 8.) The reasonable preference of the child if twelve (12) years of age or older; 9.) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; 10.) Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

If a marriage separation (sometimes referred to as a marital separation or legal separation has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Visitation/Co-Parenting

Parties to a separation or divorce have the option of submitting a visitation (parenting) plan to the court during the legal process. A parenting plan will detail the particulars on when each parent will have the children, and what responsibilities they will have. If you cannot agree on a visitation schedule, the court will order one. Features typically found in a visitation agreement where the non-custodial spouse is concerned are: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

You may wish to consider these issues and whether they should be a part of the agreement or not. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

When a divorce is granted, the wife will be restored to her maiden or former name if she so desires. The court will enter its decree confirming in each spouse the property owned by him or her before marriage and the un disposed-of property acquired after marriage by him or her in his or her own right.

Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable. Oklahoma courts may issue orders for alimony (sometimes called spousal support or maintenance) for a definite period, or an indefinite period.

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Grounds For Divorce

The district court, guided by Oklahoma divorce statutes, may grant a divorce for any of the following causes (grounds): 1. Abandonment for one (1) year, 2. Adultery, 3. Impotency, 4. When the wife at the time of her marriage, was pregnant by another than her husband,

5. Extreme cruelty, 6. Fraudulent contract, 7. Incompatibility, 8. Habitual drunkenness, 9. Gross neglect of duty, 10. Imprisonment of the other party in a state or federal penal institution, 11. Insanity for a period of five (5) years.

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Marriage Annulment
Marital Annulment

A marital annulment of your marriage renders it void, illegal and effectively to have never occurred. There is a specific process associated with a marital annulment (also known as a marriage annulment) that looks similar to separation and dissolution (divorce). One must sue (file a petition), serve the other party and claim one of Tennessee's grounds for annulment. Grounds for annulment include: Fraud- any form of misrepresentation or by deceiving someone. If your spouse has gained your agreement to marry by fraud, you can obtain annulment in Tennessee, Bigamy- Tennessee annulment laws provide that both spouses be single at the time of the marriage,

Consanguinity or Incest- annulments are granted for marrying a relative too closely related, Duress- Marriages made under duress or force can be annulled under Tennessee annulment laws, Sexual Dysfunction- If your spouse is impotent and this is affecting your marital relationship, you can get annulment according to Tennessee annulment laws, Underage Marriage- marrying below the legal age, Incurable Insanity- Your spouse has no hope of recovering can permit an annulment, and Pregnancy by another- Your wife has gotten pregnant by another.

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Marriage Counseling/
Mediation

In any proceeding concerning the custody of a child, if there exists an order of protection or a finding of domestic abuse or any criminal conviction involving domestic abuse, the court may order mediation or refer either party to mediation only if:

»Mediation is agreed to by the victim of the alleged domestic or family violence;
»Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and

»The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation.

Where the court makes findings of child abuse or child sexual abuse it may only award visitation under circumstances that guarantee the safety of the child. Divorce statutes mandate that the child not be put in harm's way.

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Legal Separation/ Marital Separation

A legal separation allows for the support and maintenance of a spouse without the actual granting of a divorce. It accomplishes the same thing a divorce does except that it does not change marital status. It is a process complete with a petition to the court, your spouse served, and grounds claimed. A legal separation (sometimes called a marital separation)

can be an extra expense, which is why many simply opt for a divorce. Legal separation is sometimes pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for termination of marital status.

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Waiting Period

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Grandparents Rights

Visitation rights of grandparents may be secured by petitioning the court during or after the divorce process, and after the court judging such is in the best interest of the child. This right is conferred by federal law. Make your request prior to the dissolution of the marriage to avoid the potential for a separate filing and greater legal fees.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

Tennessee is known as an equitable distribution state, which means that the court will divide the marital assets between the parties as it deems equitable and just, after setting aside to each spouse the separate property of each. However, you and your divorcing spouse will be given an opportunity to put together a divorce settlement. and if you are unable to come to agreement, the court will step in. Some of the factors the court considers in dividing the property between the parties include: 1. The duration of the marriage., 2. The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of the spouses, 3. The tangible and intangible contributions of each spouse to the education, training, or increased earning power of the other, Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage and worried it may become part of the divorce settlement? Here's how it works generally. What you brought into the marriage is usually all

yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce. 4. The relative ability of each party for future acquisitions of capital assets and income, 5. The contributions of each party to the acquisition, preservation,appreciation, depreciation or dissipation of the marital or separate property, 6. The value of each party's separate property and 7. Any other factors necessary to achieve an equitable distribution.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

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Residency Requirements

Tennessee divorce statutes require that in order for your divorce petition to be accepted and processed in this state, the acts of marital misbehavior must have been committed while the plaintiff was a resident of the state. If the acts complained of were committed outside of Tennessee and the plaintiff resided outside of the state at the time, either of the parties must have resided in Tennessee for six (6) months prior to the filing of the petition.

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