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Traveling to attend a hearing in Shelby County, Tennessee, may be inconvenient. In Tennessee divorce law, when a married individual knowingly enters into a second marriage, he or she is a bigamist. If a divorce is appealed, the granting of the divorce is technically not final. Less obvious are both spouses’ pensions and retirement accounts.
These experiences are not limited to adolescence: more than half of men and women who report ever having experienced physical abuse, sexual abuse or stalking by a dating partner had their first incident of violence between ages 11 and 24.
Ordinarily, the case will still proceed in Tennessee without a hitch. Ordering disproportionate shares to compensate the innocent spouse for the depletion in marital resources. See Defenses to Divorce in Tennessee | Adulterous and Cruel Without Fault. Two affirmative defenses are available to an allegation of inappropriate marital conduct: insanity and justifiable cause for the conduct. Read the discussion on Division and Valuation of Pension Interests in Tennessee Divorces to learn more.
There is much to consider when filing for Tennessee divorce. Once known as “cruel and inhuman treatment,” inappropriate marital conduct broadly reflects a willful, persistently hostile marital environment created by one spouse. The remaining grounds for divorce in Tennessee are as follows: In Tennessee divorce law, indignities committed by the husband against his wife are cause for divorce. When the account was created and funded is key to determining whether an IRA or pension is the separate property of one spouse (not divided) or the marital property of both spouses (divided).
The spouse must be a resident of Tennessee for six months or more before filing the divorce complaint. A service member’s residency in Tennessee is presumed if stationed in Tennessee for a year or longer. However, that presumption of Tennessee residency may be rebutted with clear and convincing evidence that the spouse is domiciled elsewhere. To learn more, visit our discussion on Military Divorces in Tennessee: Answers to FAQs. Many marriages today involve dual citizenship, a complicating factor and reason to consult with an experienced Tennessee divorce lawyer. A spouse’s refusal to remove to Tennessee with the other spouse without reasonable cause, remaining willfully absent for two years, is grounds for divorce. A negotiated parenting plan can be filed either with the divorce complaint or shortly thereafter.
Alternatively, if the spouse resided in a different state when marital misconduct or acts supporting dissolution occurred, then residency is satisfied so long as one spouse resided in Tennessee for the six months immediately preceding filing. Regarding the residency requirement for Tennessee divorce, foreign citizenship does not obstruct assertion of domicile or residency here. Agreed upon Tennessee parenting plans require judges to approve their terms and formalities as in the best interest of the children.
(So he or she can respond to allegations, such as adultery as grounds for divorce.) This is known as service of process, which has its own legal technicalities. An intentional, malicious attempt to take the life of one’s spouse is grounds for divorce under Tennessee law. Or they could ask the court to dismiss the case altogether.