The laws governing divorce processes vary from state to state. Certain qualifications and regulatory measures must be met in the state of Tennessee in order to go forward with a divorce or alimony settlement. This allows the state to most consistently adjudicate different cases fairly and efficiently. The results of these cases sometimes require additional financial support, or alimony, to be made from one spouse to another following a divorce. The regulations surrounding these rulings are also subjective to each state and divorce situation.
Residency
Certain residency requirements must be met before a divorce case can be accepted and heard by the state courts. According to Tennessee Code Volume 6A, Title 36, the person choosing to file must reside in the state at the time the grounds for the divorce had taken place. If these grounds for divorce had taken place outside of Tennessee, a residency of at least six months must have existed for one of the spouses prior to filing. The filing can be done in the county that either the respondent or petitioner resides.
Grounds
In order to successfully file a divorce settlement, a reason must be supplied by the parties involved. A declaration of grounds must be met and stated in the petition. The grounds that are filed can exist as a mutual agreement or as a prosecution that the filing spouse seeks to prove in court. The grounds for divorce in Tennessee can be classified as either Fault or No-Fault. Fault grounds are reasons that include acts of negligence such as adultery, drug addiction, abandonment and other indignities between spouses. No-Fault exists as irreconcilable differences that are mutually understood. This classification can also be met if an absence of cohabitation has existed for at least two years without the involvement of children.
Alimony
Alimony can be awarded within the state of Tennessee on both temporary and permanent bases. Whether or not alimony is awarded to a spouse depends heavily on many different financial factors. Child custody arrangements, the value of property ownership, income and needs are all important factors in determining the need for alimony payments. This marital support is mainly viewed by the state of Tennessee as a form of rehabilitation in a spouse's adjustment to no longer having financial support through marriage. The extent and measure of money given is not a punishment, but a measure of how much support a spouse may need following a divorce.
