Answering FAQs About Divorce & Alimony in Tennessee
Do you have questions about how the divorce process works? Or perhaps you’re wondering about who gets alimony and how payments are calculated. One of the most important things to do before filing for divorce is to know your options and get your questions answered. Keep reading to learn more about divorce and alimony in Tennessee as we answer some frequently asked questions:
What are the grounds for divorce in Tennessee?
Filing a no-fault grounds divorce falls into 2 categories: irreconcilable differences or living separately for 2 years and having no children. In Tennessee, there are multiple grounds for divorce, including:
- Child abuse
- Substance abuse
- Felony conviction
- Adultery or bigamy
- Banning the spouse from the home
- Impotence, or the inability to procreate
- Domestic violence or attempted endangerment
- Willfully abandoning your spouse without cause for 1 year
How long does the divorce process take?
The quickest time frame for a divorce in Tennessee is 60 days, but this is only feasible for no-fault divorces without any minor children, or with mutual, uncontested divorces with no minor children. All other divorce cases have a 90-day minimum waiting period.
Is Tennessee a 50/50 state for asset division?
Tennessee is an equitable distribution state for divorce, meaning that property is classified as either marital or personal property. Then, the marital property is fairly divided based on several factors; this doesn’t always necessarily result in a 50/50 split of assets. Property division is influenced by how many personal assets each individual has, who contributed more, future expenses related to a particular asset, and more.
What is alimony and who gets it?
Alimony, also called spousal support or maintenance, are payments from one party to the other designed to give support post-divorce. Either spouse can request alimony, and you don’t have to be married for a specific length of time in order to qualify for receiving alimony. Alimony helps to equalize your finances so that neither spouse experiences financial hardship if the marriage doesn’t work out.
What are the different types of alimony?
There are 3 main alimony types, classified by the duration of payments:
- Periodic alimony– also called alimony in futuro, it’s the most common type of alimony; a long-term form of support until either death or remarriage.
- Rehabilitative alimony– a form of alimony with a set expiration date; meant to help the spouse reenter the workforce after the divorce by getting a college degree or starting a business; can also be paid in a lump sum post-divorce.
- Transitional alimony– a set amount of money that can either be paid as a lump sum or periodic payments meant to boost the economically disadvantaged spouse.
How is alimony calculated?
Alimony is a needs-based payment, so calculating alimony will be a specific case-by-case process that considers both the needs of one spouse versus the other’s ability to pay. Alimony calculation depends on the duration of the marriage, the age and physical condition of each spouse, the personal property of each spouse, property division, earning ability, child custody agreement, financial obligations, and more.
Do I need to hire a divorce attorney?
Having a knowledgeable divorce lawyer on your side is incredibly beneficial for keeping the overall divorce process amicable and with as few complications as possible. When it comes to alimony, child custody, and asset division, you can rely on our professionals to protect what’s most important to you and advocate for your rights. We are here to help every step of the divorce process.
Now you know more about divorce and alimony in Tennessee! Ready to find out how we can help you? Take a look at what to expect when you hire our Knoxville divorce attorney and get in touch with us today for a free consultation.
