Sadly, most people don't improve their situation through divorce, but merely trade one set of problems for another.  If your marriage is in trouble, first consider  alternatives such as obtaining the help of a professional counselor, a minister or chaplain.  The following is intended to provide general information on the issues of  divorce and custody in Tennessee:

Jurisdiction and Venue.  In order to file a divorce in Tennessee, you must be a Tennessee resident, or Tennessee must be the residence of the Defendant spouse. Jurisdiction usually lies in the state where the parties live, where the grounds occurred, where the children reside and where the property is located. Venue generally means that the divorce must be filed in the county where the parties resided at the time of the separation or where the defendant spouse resides, unless the parties agree otherwise.

Fault Based Divorces.  If the parties cannot reach an agreement on all issues, the action must be filed on grounds of wrongdoing.  There are many grounds but the most inclusive and commonly used fault based grounds is "inappropriate marital conduct."

Division of Property.  Division of property is based primarily on the contribution of parties in acquiring and maintaining the property.  Courts usually divide marital property (which is the property acquired during the marriage by either party with either party's income, and either jointly or individually held), equally.  Excluded from  division are items brought into the marriage, acquired by gift, and received through inheritance and maintained separately. "

Cost of Divorce.  When the parties have an agreement at the time they retain an attorney, the costs are significantly less expensive.  As for contested divorces, the firm of RASSAS, NORTH & ASSOCIATES considers many factors, including the complexity of the case, the time constraints, the results, the bad will generated towards the firm by the opposing party, and the actual time expended.  There is usually a minimum retainer  required at the time the attorney is hired.

"No Fault" Divorces. Tennessee permits a divorce on the grounds of irreconcilable differences if the parties can reach a written agreement on all issues, including custody, support, and division of property.  If there is not a complete agreement then a divorce can not be granted on a "no fault" basis. "No fault" divorces require a sixty-day waiting period if there are no children and a ninety-day waiting period if there are minor children.

Custody and Support.  Custody of minor children is generally determined on the basis of who is the best parent.  Courts look at  many individual factors, but one of the strongest is who has been the primary care provider for the child. Child support is based on guidelines set by the state  which establish a percentage of net pay to the custodial parent from the non-custodial parent.

Spousal Support.  Spousal support, often called alimony, is not intended as a reward or punishment but is based on the need of one spouse and the ability of the other to pay. In most cases, courts do not favor long term support but rather rehabilitative help until the disadvantaged spouse becomes self sufficient.

Mediation.  Mark Rassas is a Supreme Court Listed Mediator.  Mediation is a voluntary process in which the parties work with a mediator who does not take sides but works with both husband and wife in order to reach an agreement.  Mediation has a very high success rate and is a way for the parties to avoid the emotional and economic costs of a contested divorce.

Home / History of the Firm / The Attorneys / Adoptions / Appellate Practice / Divorce
Family Mediation / Personal Injury / Wills & Estates / Links / Email