Statutory Reference to Tennessee Code Annotated:

Residence: § 36-4-104

Divorce: § 36-4-101

Property Division: § 36-4-121

Alimony: § 36-5-101

Custody: § 36-6-101

Visitation: 36-6-301

Child Support: Tenn. Rules & Regs. 1240-2-4-.01 et seq.

 

Residence:

No durational residency requirement if the spouse filing for was a resident of Tennessee when the grounds for divorce arose.  If the cause for divorce arose outside of Tennessee, then either spouse must have been a resident of Tennessee for six months.

 

Grounds:

No-fault: (1) Irreconcilable differences if there is no denial of this ground or the spouses submit an executed marital dissolution agreement; (2) living separate and apart without cohabitation for two years when there are no minor children.

Fault: (1) impotence; (2) adultery; (3) conviction of a felony and imprisonment; (4) alcoholism and/or drug addiction; (5) wife is pregnant by another at the time of the marriage without husband's knowledge; (6) willful desertion for one year; (7) bigamy; (8) endangering the life of a spouse; (9) commission and/or conviction of an infamous crime; (10) refusing the move to Tennessee with a spouse and willfully absenting oneself from a new residence for two years; (11) cruel and inhuman treatment; (12) spouse has made life intolerable; (13) abandonment or refusing to provide home and support; (14) living separate and apart for two or more years.

 

Distribution of Property:

Equitable distribution of property based on dual classification of property.  Each spouse shall keep separate property, defined as property owned prior to the marriage, gifts and inheritances, property acquired in exchange for separate property, income and appreciation of separate property.  All property held or acquired jointly during the marriage shall be divided between the spouses in a just and equitable manner, pursuant to 12 enumerated factors.  Marital fault is not a factor.

 

Alimony/Spousal Support:

Spousal support may be lump sum, periodic, or rehabilitative, based on sixteen factors.  Rehabilitative support is favored. 

 

Child Custody/Visitation:

Joint or sole custody is awarded according to the best interests of the child, considering the child's preference.  There is a presumption that joint custody is in the best interests of the child when the parents have an agreement to that effect or agree in open court.  Joint custody is presumed not to be in the best interests of the child in cases of domestic violence.  If the child is of tender years, the sex of the custodial parent may be considered. 

 

When a child is not in a parent's custody, that noncustodial parent shall have the right to unimpeded telephone access at least twice per week, the right to send mail to the child, the right to receive health information about the child, the right to receive school reports, the right to be free of unwarranted derogatory remarks by the other parent.

 

Child Support:

Child support guidelines found at Tennessee Compiled Rules and Regulations of the Department of Human Services sections 1240-2-4-.01 et seq.  The guidelines are based on the Flat Percentage of Income Model, calculated on net income.  In cases where the obligor's income exceeds $10,000 per month, the court may deviate if the award is inappropriate.  The court may establish a trust for the post-majority benefit of the child in such a case.  Support terminates at age 18, unless the child is still in high school, in which case it terminates on graduation from high school.