Choosing to file for divorce can be one of the hardest decisions that a person will ever have to make. That said, a whole host of emotions are bound to arise in the hearts and minds of those contemplating divorce.
Divorce can be very difficult to deal with from an emotional standpoint; however, for many judges hearing the case, the focus will be on the grounds for divorce and dividing the property fairly, not the emotional aspects of the situation.
The grounds for divorce in Tennessee
In Tennessee, individuals filing for divorce can do so based on either fault or no-fault grounds, or the divorce can be based on the fact that a couple has been separated for at least a period of two years. A no-fault divorce means that the filing spouse does not have to demonstrate that the other spouse did anything wrong.
On the other hand, a fault divorce is one based on the actions of a spouse. A fault divorce can be based on a number of grounds, including:
- Inappropriate marital conduct
- Conviction of a felony
- Desertion for a period of at least one year
Grounds for divorce also include “irreconcilable differences,” which is commonly used and frequently stated.
Dealing with property division in a Tennessee divorce
More often than not, the division of property can bring about a great deal of emotion from the parties involved. However, Tennessee is an equitable division state which means that marital assets are divided in a fair and reasonable manner. This does not mean that each spouse is entitled to an equal share of the marital property. The complexity arises when it is difficult to determine exactly what is martial property and what is separate property.
Although the court will consider the things mentioned above, the judge will still make a decision regarding marital property based on what is fair, and avoid focusing on who was at fault. It is the judge’s decision with regard to who gets what that can bring about all sorts of emotions for both sides.
Individuals who are seeking to file for divorce are often encouraged to keep their emotions at bay while dealing with the issues; however, that is not always an easy thing to do. Those with questions or concerns about their divorce may want to seek the services of a skilled attorney who may be able to assist them with resolving some of the issues in their particular case.