Tennessee divorce laws dating
But, as a practical matter, most courts divide property at least in the vicinity of fifty/fifty, but the statute does not require them to do so, as long as the court can find that the division it makes is "fair and equitable" under the circumstances.
Myth 9: If an individual is about to file for divorce and moves an asset into an account in his or her name only, he or she can protect that asset from being divided in the divorce later.
Myth 6: Divorce mediation is most appropriate when the divorce is amicable and parties are getting along and communicating well.
Reality - So long as the parties are operating in good faith, mediation can be a great alternative to traditional litigation in any divorce case, regardless of the level of conflict the parties are experiencing.
By Benjamin Papa, Family Law Attorney and Mediator, Nashville, TNAs a full-time family law attorney and mediator, with the bulk of my practice being divorce and post-divorce cases, I have found that there are a number of widely held beliefs about how divorce law works in Tennessee.
The alternative residential parent pays the other parent his or her share of the child support, either directly or through the State.
Reality - Tennessee has a statute dealing with spousal support that lists twelve factors courts are to consider in determining whether spousal support is appropriate in a particular case, and if so, for how long and how much the support should be.
The most important concept embedded in the twelve factors is a two-fold: Does the spouse seeking spousal support have a legitimate need for the money, and if so, does the spouse who is being asked to pay have the ability to pay.
Further, if the parties have children, mediation can much better position the parties to be good co-parents to their kids after the divorce than going through a contentious divorce trial.
Myth 7: If a divorcing couple cannot agree to which of them will be the primary residential parent, the default is that the mother serves that role.