Tennessee, like many states, offers legal separation as an alternative to divorce. This allows couples to live apart while maintaining their legal marital status. Understanding the intricacies of Tennessee's legal separation laws is crucial for those considering this path. This guide will explore the process, requirements, and implications of legal separation in the Volunteer State.
What is Legal Separation in Tennessee?
Legal separation, formally known as a "separate maintenance" action in Tennessee, is a court-ordered process that allows a married couple to live apart while remaining legally married. It's a distinct legal entity from a divorce; while it addresses many of the same issues (property division, child custody, spousal support), it doesn't dissolve the marriage. This means that remarriage is not permitted while legally separated in Tennessee.
Grounds for Legal Separation in Tennessee
In Tennessee, a legal separation can be granted based on one or more of the following grounds:
- Adultery: Proof of infidelity by one spouse.
- Cruel and inhuman treatment: Behavior that makes cohabitation unsafe or intolerable. This requires evidence of a pattern of abusive behavior, not just a single incident.
- Abandonment: One spouse leaving the other without just cause for a continuous period.
- Conviction of a felony: A felony conviction and subsequent imprisonment can serve as grounds for legal separation.
- Unreasonable behavior: This is a broad category encompassing conduct that makes it impossible for the couple to reasonably continue living together. This needs to be substantiated with specific evidence.
How to Obtain a Legal Separation in Tennessee
The process involves filing a petition for separate maintenance with the appropriate court in Tennessee. This petition must clearly state the grounds for separation and request specific relief, including:
- Spousal support (alimony): Financial support provided to one spouse by the other. The court will consider various factors, including the length of the marriage, earning capacity of each spouse, and the needs of each party.
- Child custody and visitation: Determining the legal and physical custody of children, including visitation schedules.
- Child support: Financial support for the children.
- Property division: Division of marital assets and debts. This may involve equitable distribution, meaning a fair, though not necessarily equal, division of property.
What Happens During a Legal Separation?
Once a petition is filed, the court will schedule hearings and potentially mediation to help the couple reach an agreement on the terms of the separation. If an agreement isn't reached, the judge will make the decisions based on the evidence presented. A final order of separate maintenance will be entered by the court, outlining the terms of the separation. This order is legally binding and enforceable.
What are the differences between legal separation and divorce in Tennessee?
This is a common question, and the key difference is that a legal separation does not dissolve the marriage. It allows for the resolution of marital issues while preserving the legal marriage. A divorce, on the other hand, formally ends the marriage.
Can I get a legal separation if my spouse doesn't agree?
Yes. While a mutual agreement is often ideal, Tennessee law allows for a legal separation even if one spouse opposes it. The court will assess the evidence and determine the appropriate outcome.
How long does a legal separation last in Tennessee?
There is no specific time limit for a legal separation in Tennessee. It can last indefinitely until either party initiates a divorce or the couple reconciles.
Can I remarry while legally separated in Tennessee?
No. Remarriage is not permitted while legally separated in Tennessee.
What happens to my property during a legal separation?
The court will address the division of marital property during the legal separation process. This usually involves an equitable distribution, meaning a fair, though not necessarily equal, split of assets and debts accumulated during the marriage.
Seeking Legal Counsel
Navigating the complexities of Tennessee's legal separation laws can be challenging. It's strongly recommended to seek the advice of a qualified Tennessee family law attorney. They can help you understand your rights, navigate the legal process, and advocate for your best interests. This guide provides general information only and does not constitute legal advice.
Remember, the information provided here is for informational purposes only and should not be considered legal advice. Consulting with a qualified Tennessee family law attorney is crucial to address your specific circumstances.
