Property Division In Tennessee: Factors Considered In Divorce Cases
Residency and Filing RequirementsIn order to file for divorce in Tennessee, the filing spouse must be a resident of the state at the time the grounds for divorce took place. If the grounds occurred outside of Tennessee, however, then one of the spouses must have been a resident for the six months prior to filing.
If you are unsure whether you meet these residency requirements, then you should contact a divorce attorney to determine the proper place to file.
Grounds for FilingThere are two types of divorces available: No-fault or at-fault.
- No-Fault: If you have irreconcilable differences where both parties agree to a divorce and you are able to agree on all matters involving division of property and debt, custody and visitation, and child support, then you may file for a no-fault divorce.
- At-Fault: There are many ways for a spouse to file for an at-fault divorce. Justifications include if either partner is impotent, one spouse has committed adultery, has been convicted of a felony with imprisonment, suffers from substance abuse, or serious neglect has occurred, among others.
Property Division Factors
Often both spouses mutually agree to divide marital property without involving the courts. However, when state involvement becomes necessary, Tennessee uses the “equitable distribution” method.
The court will initially classify which property and debt is marital and which is separate. Next, the court will assign each item a monetary value and ultimately divide the property in a fair (not necessarily equal) manner.
According to DivorceSupport.com, the court will consider the following factors when dividing the property.
- The contribution of each spouse for the acquisition and preservation of the property
- The economic situation of both spouses at the time of property division
- The length of the marriage
- The age and health of the spouses
- The employability and earning capacity of the spouses