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.

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.

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."

"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.

Since 2001, Tennessee no longer the term “custody”, but rather the term “shared parenting”, with one parent being the primary residential parent (PRP). From a practical standpoint, there is little difference from being designated as PRP or being designated as custodian. Tennessee requires that the parties agree on or the Court determine a formal PARENTING PLAN, which sets out details of visitation, decision making, future dispute resolution, support, and general care of the child (See links on this cite to download a copy of the Plan). Tennessee has also adopted standard child support guidelines, which base payments on the parties’ incomes, days with the child, and expenses, such as healthcare and daycare (See links on this cite to download the online child support calculator).

The specifics of the PARENTING PLAN are intended to be based on the best interest of the child. One of the strongest factors is who has been the primary care provider in the past. Generally, the Court will try to give significant time to both parents. There are multiple Judges in our jurisdiction who hear matters related to children, and they all have their own preferences. Some Judges presume that the child’s time should be divided equally between the parents, while other Judges believe that this is not in the child’s best interest. Our firm can provide insight on these and other issues pertaining to children.

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.

Mediation is now required, unless the parties reach an agreement on all issues. Mark Rassas is a Supreme Court Listed Mediator and provides this service to individuals who he does not represent because of the requirement that a mediator be disinterested in the case.

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