|
Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
Tennessee Administrative Office of the
Courts
Tennessee Bar Association
University of
Tennessee College of Law - Law Library
TennLegalAid
State
Statutory Resources
Tennessee Code
Constitution of
Tennessee
Divorce Law
36-4-101. Grounds for divorce from bonds of matrimony.
The following are causes of divorce from the bonds of
matrimony:
(1) Either party, at the time of the contract, was and still is naturally
impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation
of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a
reasonable cause, for one (1) whole year;
(5) Being convicted of any crime that, by the laws of the state, renders the
party infamous;
(6) Being convicted of a crime that, by the laws of the state, is declared
to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other
means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to
this state, without a reasonable cause, and being willfully absent from the
spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person,
without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when
the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or
conduct towards the spouse as renders cohabitation unsafe and improper,
which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person
as to render the spouse's position intolerable, and thereby forced the
spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out
of doors for no just cause, and has refused or neglected to provide for the
spouse while having the ability to so provide;
(14) Irreconcilable differences between the parties; and
(15) For a continuous period of two (2) or more years that commenced prior
to or after April 18, 1985, both parties have lived in separate residences,
have not cohabited as man and wife during such period, and there are no
minor children of the parties.
[Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1,
2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch.
63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts
1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, §
1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch.
853, § 2; T.C.A. (orig. ed.), § 36-801(I); Acts 1985, ch. 178, § 1;
1989, ch. 393, § 1; 1998, ch. 1059, § 1.]
36-4-103. Irreconcilable differences - Procedure.
(a) (1) In all divorces sought because of irreconcilable
differences between the parties, if the defendant is a nonresident, personal
service may be effectuated by service upon the secretary of state pursuant
to the provisions of § 20-2-215.
(2) In lieu of service of process, the defendant may enter into a written
notarized marital dissolution agreement with plaintiff that makes specific
reference to a pending divorce by a court and docket number, or states that
the defendant is aware that one will be filed in this state and that the
defendant waives further service and waives filing an answer to the
complaint. Such waiver of service shall be valid for a period of one hundred
eighty (180) days from the date the last party signs the agreement. The
agreement may include the obligation and payment of alimony, in solido or in
futuro, to either of the parties, any other provision of the law
notwithstanding. The signing of such an agreement shall be in lieu of
service of process for the period such waiver is valid and shall constitute
a general appearance before the court and answer that shall give the court
personal jurisdiction over the defendant, and constitute a default judgment
for the purpose of granting a divorce on the grounds of irreconcilable
differences.
(3) No divorce heretofore granted shall be invalid because the agreement was
signed and notarized or acknowledged prior to filing under prior law before
the action was filed.
(b) No divorce shall be granted on the ground of irreconcilable differences
unless the court affirmatively finds in its decree that the parties have
made adequate and sufficient provision by written agreement for the custody
and maintenance of any children of that marriage and for the equitable
settlement of any property rights between the parties. If the court does not
affirmatively find that the agreement is sufficient or equitable, the cause
shall be continued by the court to allow further disposition by the
petitioner. If both parties are present at the hearing, they may, at that
time, ratify any amendments the court may have to the agreement. The amended
agreement shall then become a part of the decree. The agreement shall be
incorporated in the decree or incorporated by reference, and such decree may
be modified as other decrees for divorce.
(c) (1) Bills for divorce on the ground of irreconcilable differences must
have been on file for sixty (60) days before being heard if the parties have
no unmarried child under eighteen (18) years of age, and must have been on
file at least ninety (90) days before being heard if the parties have an
unmarried child under eighteen (18) years of age. The sixty-day or
ninety-day period bills for divorce that must be on file shall commence on
the date the original bill was filed and not on the date the bill was
amended to include the ground of irreconcilable differences.
(2) A divorce decree or order issued prior to March 22, 1996, in which the
hearing for such divorce occurred before the specified time periods required
by this subsection (c), shall remain valid and the parties shall remain
divorced. Likewise, all other issues resolved in the divorce decree, order
or agreement, such as distribution of marital property, alimony, child
support and custody, shall remain valid and in full force and effect.
(d) (1) A bill of complaint for divorce where the respondent has been
personally served or acknowledged as set out in subsection (a), which
includes the ground of irreconcilable differences, may be taken as confessed
and a final decree entered thereon, as in other cases and without
corroborative proof or testimony, the provisions of §§ 36-4-107 and 36-4-114
to the contrary notwithstanding.
(2) For purposes of this section, "without corroborative proof or testimony"
means that the petitioner shall not be required to testify as to the
material facts constituting irreconcilable differences or any attempts to
reconcile such differences.
(e) If there has been a contest or denial of the grounds of irreconcilable
differences, no divorce shall be granted on the grounds of irreconcilable
differences. However, a divorce may be granted on the grounds of
irreconcilable differences where there has been a contest or denial, if a
properly executed marital dissolution agreement is presented to the court.
(f) Irreconcilable differences may be asserted as a sole ground for divorce
or as an alternate ground for divorce with any other cause for divorce set
out in § 36-4-101 or § 36-4-102.
[Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1,
2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch.
63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts
1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, §
1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch.
853, § 2; T.C.A. (orig. ed.), § 36-801(II); Acts 1987, ch. 390, §§ 3, 4;
1989, ch. 489, §§ 2, 3; 1991, ch. 234, § 1; 1996, ch. 655, § 2; 1998, ch.
1059, § 4.]
36-4-104. Residence requirements.
(a) A divorce may be granted for any of the causes referenced in § 36-4-101
if the acts complained of were committed while the plaintiff was a bona fide
resident of this state or if the acts complained of were committed out of
this state and the plaintiff resided out of the state at the time, if the
plaintiff or the defendant has resided in this state six (6) months next
preceding the filing of the complaint.
(b) For the purposes of this section, any person in the armed services of
the United States, or the spouse of any such person, who has been living in
this state for a period of not less than one (1) year shall be presumed to
be a resident of this state, and the presumption of residence shall be
overcome only by clear and convincing evidence of a domicile elsewhere.
[Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1;
1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., § 4203; Code 1932, §
8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976,
ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.]
36-4-105. Venue.
(a) The bill or petition may be filed in the proper name
of the complainant, in the chancery or circuit court or other court having
divorce jurisdiction, in the county where the parties reside at the time of
their separation, or in which the defendant resides, if a resident of the
state; but if the defendant is a nonresident of the state or a convict, then
in the county where the applicant resides.
(b) Any divorce granted prior to May 4, 1967, will not be deemed void solely
on the ground that the parties to the divorce action were residents of a
county or counties other than the county in which the divorce decree was
entered.
[Code 1858, § 2451 (deriv. Acts 1835-1836, ch. 26, § 3); Acts 1859-1860, ch.
88; Shan., § 4204; Code 1932, § 8429; Acts 1961, ch. 180, § 1; 1963, ch.
153, § 1; 1967, ch. 185, § 1; 1971, ch. 363, § 2; T.C.A. (orig. ed.), §
36-804.]
...For further information, please refer to the Tennessee
Code, Title 36
"How
Can I Obtain a Divorce?" - LawBytes from the Tennessee Bar Association
"Who is Responsible for
the Debts of a Husband or Wife?" - LawBytes from the Tennessee Bar
Association
Marriage and
Living Together Laws
Tennessee Marriage License Information
|
Child Support
Tennessee Child Support Guidelines
...For further information, please refer to the Tennessee
Code, Title 36
Tennessee
Child Support Worksheets
Tennessee Child Support Calculator - provided by AllLaw.com
TN
Department of Human Services
"How is Financial Support
for a Child or Spouse Established in a Divorce?" - LawBytes from the
Tennessee Bar Association
"What if Child Support or
Alimony is Not Paid?" - LawBytes from the Tennessee Bar Association
Child Support Explained
Child Custody
and Visitation Law
36-6-106. Child custody.
(a) In a suit for annulment, divorce, separate
maintenance, or in any other proceeding requiring the court to make a
custody determination regarding a minor child, such determination shall be
made upon the basis of the best interest of the child. The court shall
consider all relevant factors including the following where applicable:
(1) The love, affection and emotional ties existing between the parents and
child;
(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; provided, that
where there is a finding, under § 36-6-106(a)(8), of child abuse, as defined
in §§ 39-15-401 or 39-15-402, or child sexual abuse, as defined in §
37-1-602, by one (1) parent, and that a non-perpetrating parent has
relocated in order to flee the perpetrating parent, that such relocation
shall not weigh against an award of custody;
(4) The stability of the family unit of the parents;
(5) The mental and physical health of the parents;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child if twelve (12) years of age
or older;
(B) The court may hear the preference of a younger child upon request. The
preferences of older children should normally be given greater weight than
those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other
parent or to any other person; provided, that where there are allegations
that one (1) parent has committed child abuse, as defined in §§ 39-15-401 or
39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family
member, the court shall consider all evidence relevant to the physical and
emotional safety of the child, and determine, by a clear preponderance of
the evidence, whether such abuse has occurred. The court shall include in
its decision a written finding of all evidence, and all findings of facts
connected thereto. In addition, the court shall, where appropriate, refer
any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or
frequents the home of a parent and such person's interactions with the
child; and
(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, consistent with the
best interest of the child.
(b) Notwithstanding the provisions of any law to the contrary, the court has
jurisdiction to make an initial custody determination regarding a minor
child or may modify a prior order of child custody upon finding that the
custodial parent has been convicted of or found civilly liable for the
intentional and wrongful death of the child's other parent or legal
guardian.
[Acts 1995, ch. 428, § 2; 1998, ch. 1003, § 1; 1998, ch. 1095, §§ 2, 3;
2000, ch. 683, § 2.]
36-6-301. Visitation.
After making an award of custody, the court shall, upon request of the
non-custodial parent, grant such rights of visitation as will enable the
child and the non-custodial parent to maintain a parent-child relationship
unless the court finds, after a hearing, that visitation is likely to
endanger the child's physical or emotional health. In granting any such
rights of visitation, the court shall designate in which parent's home each
minor child shall reside on given days of the year, including provisions for
holidays, birthdays of family members, vacations and other special
occasions. If the court finds that the non-custodial parent has physically
or emotionally abused the child, the court may require that visitation be
supervised or prohibited until such abuse has ceased or until there is no
reasonable likelihood that such abuse will recur. The court may not order
the department of children's services to provide supervision of visitation
pursuant to this section except in cases where the department is the
petitioner or intervening petitioner in a case in which the custody or
guardianship of a child is at issue.
[Acts 1995, ch. 428, § 3; 1996, ch. 1079, § 71; 1998, ch. 1050, § 1.]
...For further information, please refer to the Tennessee
Code, Title 36
FAQ on Child
Custody and Visitation
Child Custody
Resources
"Child Visitation" -
LawBytes from the Tennessee Bar Association
"How Do I Enforce
Visitation Rights?" - LawBytes from the Tennessee Bar Association
Property
Division
36-4-121. Distribution of marital property.
(a) (1) In all actions for divorce or legal separation, the court having
jurisdiction thereof may, upon request of either party, and prior to any
determination as to whether it is appropriate to order the support and
maintenance of one (1) party by the other, equitably divide, distribute or
assign the marital property between the parties without regard to marital
fault in proportions as the court deems just.
(2) In all actions for legal separation, the court, in its discretion, may
equitably divide, distribute, or assign the marital property in whole or in
part, or reserve the division or assignment of marital property until a
later time. If the court makes a final distribution of marital property at
the time of the decree of legal separation, any after-acquired property is
separate property.
(3) To this end, the court shall be empowered to effectuate its decree by
divesting and reinvesting title to such property and, where deemed
necessary, to order a sale of such property and to order the proceeds
divided between the parties.
(A) Any auction sale of property ordered pursuant to this section shall be
conducted in accordance with the provisions of title 35, chapter 5.
(B) The court may order the provisions of title 35, chapter 5, to apply to
any sale ordered by the court pursuant to this section.
(C) The court, in its discretion, may impose any additional conditions or
procedures upon the sale of property in divorce cases as are reasonably
designed to ensure that such property is sold for its fair market value.
(b) For purposes of this chapter:
(1) (A) "Marital property" means all real and personal property, both
tangible and intangible, acquired by either or both spouses during the
course of the marriage up to the date of the final divorce hearing and owned
by either or both spouses as of the date of filing of a complaint for
divorce, except in the case of fraudulent conveyance in anticipation of
filing, and including any property to which a right was acquired up to the
date of the final divorce hearing, and valued as of a date as near as
reasonably possible to the final divorce hearing date. In the case of a
complaint for legal separation, the court may make a final disposition of
the marital property either at the time of entering an order of legal
separation or at the time of entering a final divorce decree, if any. If the
marital property is divided as part of the order of legal separation, any
property acquired by a spouse thereafter is deemed separate property of that
spouse. All marital property shall be valued as of a date as near as
possible to the date of entry of the order finally dividing the marital
property.
(B) "Marital property" includes income from, and any increase in value
during the marriage of, property determined to be separate property in
accordance with subdivision (b)(2) if each party substantially contributed
to its preservation and appreciation, and the value of vested and unvested
pension, vested and unvested stock option rights, retirement or other fringe
benefit rights relating to employment that accrued during the period of the
marriage.
(C) "Marital property" includes recovery in personal injury, workers'
compensation, social security disability actions, and other similar actions
for the following: wages lost during the marriage, reimbursement for medical
bills incurred and paid with marital property, and property damage to
marital property.
(D) As used in this subsection (b), "substantial contribution" may include,
but not be limited to, the direct or indirect contribution of a spouse as
homemaker, wage earner, parent or family financial manager, together with
such other factors as the court having jurisdiction thereof may determine.
(E) Property shall be considered marital property as defined by this
subsection (b) for the sole purpose of dividing assets upon divorce or legal
separation and for no other purpose; and assets distributed as marital
property will not be considered as income for child support or alimony
purposes, except to the extent the asset will create additional income after
the division.
(2) "Separate property" means:
(A) All real and personal property owned by a spouse before marriage,
including, but not limited to, assets held in individual retirement accounts
(IRAs) as that term is defined in the Internal Revenue Code of 1986, as
amended;
(B) Property acquired in exchange for property acquired before the marriage;
(C) Income from and appreciation of property owned by a spouse before
marriage except when characterized as marital property under subdivision
(b)(1);
(D) Property acquired by a spouse at any time by gift, bequest, devise or
descent;
(E) Pain and suffering awards, victim of crime compensation awards, future
medical expenses, and future lost wages; and
(F) Property acquired by a spouse after an order of legal separation where
the court has made a final disposition of property.
(c) In making equitable division of marital property, the court shall
consider all relevant factors including:
(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 each
of the parties;
(3) The tangible or intangible contribution by one (1) party to the
education, training or increased earning power of the other party;
(4) The relative ability of each party for future acquisitions of capital
assets and income;
(5) The contribution of each party to the acquisition, preservation,
appreciation, depreciation or dissipation of the marital or separate
property, including the contribution of a party to the marriage as
homemaker, wage earner or parent, with the contribution of a party as
homemaker or wage earner to be given the same weight if each party has
fulfilled its role;
(6) The value of the separate property of each party;
(7) The estate of each party at the time of the marriage;
(8) The economic circumstances of each party at the time the division of
property is to become effective;
(9) The tax consequences to each party, costs associated with the reasonably
foreseeable sale of the asset, and other reasonably foreseeable expenses
associated with the asset;
(10) The amount of social security benefits available to each spouse; and
(11) Such other factors as are necessary to consider the equities between
the parties.
(d) The court may award the family home and household effects, or the right
to live therein and use the household effects for a reasonable period, to
either party, but shall give special consideration to a spouse having
physical custody of a child or children of the marriage.
(e) (1) The court may impose a lien upon the marital real property assigned
to a party, or upon such party's separate real property, or both, as
security for the payment of child support.
(2) The court may impose a lien upon the marital real property assigned to a
party as security for the payment of spouse support or payment pursuant to
property division.
(f) (1) If, in making equitable distribution of marital property, the court
determines that the distribution of an interest in a business, corporation
or profession would be contrary to law, the court may make a distributive
award of money or other property in order to achieve equity between the
parties. The court, in its discretion, may also make a distributive award of
money or other property to supplement, facilitate or effectuate a
distribution of marital property.
(2) The court may provide that any distributive award payable over a period
of time be secured by a lien on specific property.
(g) (1) Nothing in this section shall be construed to prevent the
affirmation, ratification and incorporation in a decree of an agreement
between the parties regarding the division of property.
(2) Nothing in this section shall affect validity of an antenuptial
agreement that is enforceable under § 36-3-501.
[Acts 1953, ch. 90, § 1 (Williams, § 8446); 1959, ch. 192, § 1; 1983, ch.
414, § 4; T.C.A. (orig. ed.), § 36-825; Acts 1984, ch. 590, § 1; 1986, ch.
722, § 2; 1987, ch. 122, § 1; 1987, ch. 390, § 6; 1988, ch. 682, § 1; 1988,
ch. 735, § 1; 1988, ch. 841, §§ 1, 2; 1991, ch. 449, § 1; 2000, ch. 713, §§
1-9; 2001, ch. 274, § 1; 2002, ch. 651, § 8.]
...For further information, please refer to the Tennessee
Code, Title 36
"How will the Property of
My Marriage be Divided in a Divorce?" - LawBytes from the Tennessee Bar
Association
|
