Tennessee

Marriage & Family Law Home

How Does an Alimony Proceeding Work?

In the state of Tennessee, during any action for divorce or legal separation, the court may award alimony to be paid by one spouse to or for the other’s benefit, or out of either spouse’s property, dependent on the circumstances of the case and the parties involved. There are many factors the court will take into consideration when deciding on alimony payments.

If the spouse seeking alimony lacks sufficient property, money, and possessions to provide for their reasonable needs, they may file for an alimony order. Other requirements are as follows: if the spouse is unable to be self-sufficient through their attainable employment or in custody of a child that is of the age or condition that the spouse with custody cannot maintain employment outside the home, or lacks the skills to earn enough to be self-sufficient.

Alimony shall be awarded in an amoun ....... Click here to get more info on Alimony

What Factors are Considered in Calculating Child Support?

The order or decree of the court may provide that the payments for the support of such child or children shall be paid either to the clerk of the court or directly to the spouse, or other person awarded the custody of the child or children; provided, however, that:

• The court shall order that all child support payments based upon an income assignment issued by the clerk be paid to the clerk of the court, with exception



• for child support cases that are subject to the provisions for central collection and disbursement



• In Title IV-D child support cases where payment of child support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment are based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases, but must be made to the central collection and disbursement unit as provided, and, except as may otherwise be allowed, the court can only order that the support payments be made to the central collection and disbursement unit.

If the following conditions are met, then the obligor can seek termination of the order of support and may also request that the department assist in seeking termination of the order:

• The department’s records demonstrate that the child for whom an order of support in a Title IV-D child support case has ....... Click here to get more info on Child Support

What is Considered in the Case of Custody?

The referenced rights for custody are as follows:

• The right to phone conversations with the child at least twice a week at reasonable times and durations



• The right to send mail to the child that the other parent cannot open or impede in any way



• The right to receive relevant information as soon as practicable but within 24 hours of any event of hospitalization, major illness or death of the child



• The right to receive the child's school records, names of teachers, class schedules, standardized test scores, and any other records made available to parents



• the right to receive copies of the child's medical, health or other treatment records, unless otherwise argued by court



• The right to be free of unwarranted derogatory remarks from any party involved

The right to be given at least 48 hours notice, if possible, of all extra-curricular activities, with the opportunity to participate or observe, such as school, athletic, church, or other activities where a parent's participation is appropriate.

The right to receive from the other parent an itinerary including emergency contact information, i ....... Click here to get more info on Custody

What are the Grounds for a Divorce?

In Tennessee a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty



• desertion



• addiction

One of the parties seeking a divorce must have resided in the State for a period of 6 months ....... Click here to get more info on Divorce

How Does a Visitation Proceeding Work?

Tennessee law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child." Although the custody statute does not provide a list of statutory factors for a court to determine proper custody.these factors generally consist of What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision: the emotional ties between the child and other family members; the interest of the parties in and attitude toward the child; the desirability of continuing an existing relationship; any prior domestic violence or abuse. caregiver preference and cooperation between th ....... Click here to get more info on Visitation

How is Property Distributed in Cases of Separation?

Under Tennessee law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division