When people enter into a marriage they generally do not expect it to end in divorce. Unfortunately, sometimes problems arise and people change. Divorce may be the only or best option for your specific relationship. Couples who are considering splitting up may have questions regarding separation and requirements that must be met. Continue reading and work with a Shelby County, Tennessee divorce lawyer to learn how long you have to be separated from your spouse to get a divorce in TN.
What Type of Divorce Exists?
In Tennessee, couples can file for either fault-based or no-fault divorces depending on the circumstances of the relationship. Fault-based divorces are based on one spouse’s actions causing the marriage to deteriorate. The blame is placed on one individual and their “guilt” can impact the outcome of alimony and child custody. Grounds for a fault-based divorce can include the following.
- Adultery
- Bigamy
- Abandonment
- Imprisonment
- Attempted murder
- Impotence at the time of marriage
- Substance abuse
- Cruel and inhuman treatment
The most common type of divorce in TN is no-fault. No-fault divorces do not place blame on either individual. The grounds are generally irreconcilable differences and separation.
How Long Do You Have to Be Separated to Get a Divorce in TN?
Tennessee state law does not require spouses to legally separate before divorce, though they can choose to do so. Time restrictions are only implemented when the grounds that the spouse files under calls for it. When filing under the following grounds couples must meet the associated time periods.
- Separation: Spouses who wish to file for divorce based on separation must maintain two separate residences and not cohabitate as a married couple for two years or more.
- Irreconcilable differences: When there is an irretrievable breakdown of the marriage for at least 6 months it can be used as a no-fault ground.
- Abandonment: For one spouse to file on the basis of abandonment the other spouse must have willfully deserted them for a minimum of one year.
Regardless of the grounds, couples must wait 60 days after filing the petition before their case can be heard. If the parties have minor children they must wait 90 days. However, this is not considered a mandatory legal separation period as there are no rules to abide by during this time.
Obtain Legal Representation Today
It is important to understand the legal process and requirements you have to meet when getting a divorce. The lawyers at Rice Law have the skill and experience required to support your needs and protect your rights throughout your divorce case. Reach out to a knowledgeable attorney today to set up a consultation and begin discussing your legal options.
