Practicing in all areas of family law

• Adoption
• Child custody
• Child support
• Divorce
• Marital property
• Termination of parental rights
• Visitation rights
• Uncontested divorce
  

Family Law information in Tennessee

Tennessee law requires that in order to file for a divorce in Tennessee, statutory residency requirements must be met. Either the grounds relied upon for divorce must have occurred within the State or the party seeking the divorce must have resided within the State for six (6) months prior to the filing of the divorce. Tennessee law also mandates certain statutory waiting periods prior to granting a divorce. Be sure to talk with Chad M. Ross Attorney regarding these statutory requirements.

All Petitions for Divorce must declare the appropriate grounds upon which the divorce is being sought. Tennessee does not allow for true “no-fault” divorces. In order to be granted a Divorce, certain grounds must be alleged and proven before a Court will grant either spouse a divorce.

Common grounds for divorce :

• Irreconcilable Differences*
• Adultery
• Conviction of a felony or imprisonment
• Alcoholism and/or drug addiction
• Wife is pregnant by another at the time of marriage without the husband’s knowledge
• Impotence
• Inappropriate Marital Conduct
• Willful desertion for one (1) year or more
• Bigamy
• Endangering the life of the spouse
• Conviction of an infamous crime
• Refusing to move to Tennessee with a spouse and willfully absenting oneself from a new residence for two (2) years or more
• Cruel and inhumane treatment or unsafe and improper marital conduct
• Indignities that make a spouse’s life intolerable
• Abandonment, neglect, or banning the spouse from the home

*Irreconcilable Differences is the most commonly alleged ground for divorce, however, in order to be granted a divorce in Tennessee on the basis of Irreconcilable Differences, the parties must agree on a fair and equitable division of the marital assets and liabilities, and in the event of children, an agreement that provides for the best interest of the children as it relates to visitation and child support. Without an agreement on all terms, a party is required to prove one of the other available grounds.

In all cases involving minor children, the court requires the parents to attend a parenting education class prior to the divorce being finalized. There are several companies that offer this four (4) hour seminar including www.lifebridgetn.com. The cost for attending the course is $40.00.

Child Support: Tennessee currently uses an Income Shares approach to child support which calculates support based on the income levels of each parent. In addition, the calculation of support can include the amount spent for work-related childcare, recurring medical expenses and medical premiums paid to insure the child. The calculation of child support also takes into consideration, the number of days each parent spends with the child. For parents that may have other children for which they support or are under a court-ordered support obligation, the calculation is adjusted to account for that obligation.

When to court is required to determine a child support obligation it will consider the following factors to determine the appropriate amount:

• (1) the financial resources of the child;
• (2) the standard of living the child would have enjoyed if the marriage had not been dissolved;
• (3) the physical and emotional conditions and educational needs of the child;
• (4) the financial resources, needs, and obligations of the parents;
• (5) the earning capacity of each parent;
• (6) the age and health of the child;
• (7) the monetary and non-monetary contributions of each parent to the well-being of the child;
• (8) any pension or retirement benefits of the parents;
• (9) whether the non-custodial parent's visitation is over 110 days per year or under 55 days per year; and
• (10) any other relevant factors.

The court may also require that one parent be responsible for carrying health insurance coverage for the child as well as having the paying parent have a life insurance policy naming the child or the other parent for the benefit of the minor child as a beneficiary should he/she pre-decease the emancipation of the child. (Tennessee Code Annotated §36-4-101 and §36-4-501)

If you are considering divorce or are going through the divorce process, call Chad M. Ross and Premier Law Group today for your free consultation.