Follow court orders

One of the things we hear about the most from clients and potential clients is about what happens when someone doesn’t follow a court order. Of course, it is ALWAYS our advice to follow any court order that is in place. But if someone else isn’t following a court order or you want to stop following a court order, there are multiple things to think about moving forward, depending on the reason(s) and circumstances.

Order needs to be changed: Let me say it one more time- Judges don’t like it when you don’t follow their order(s), so you should follow any court order that applies to you. If your parenting plan no longer works for you and needs to be changed, you can’t just stop following it without your co-parent’s agreement, you have to ask the Court to modify it. And in the meantime, until it is modified, you have to continue to follow it. If there is an emergency situation let us know, we can ask the court to grant an Order immediately addressing the problem.

The other side isn’t following the order: If your ex-spouse or co-parent isn’t following the court order, contact us to help you enforce the order. This can be via a petition for civil contempt, criminal contempt, and sometimes a breach of contract action. There are strategic and legal reasons for choosing which of these routes to take and we can help.

On the Witness Stand

Getting on the witness stand can be intimidating and scary, and especially when you are fighting a court case involving family law, emotions run high. What to do, how to act, what to say… it can be hard to know what to do. Ask your attorney about your specific situation, but some general suggestions might be helpful. Here are some tips:

1. Wear the right thing

2. Know what you’re going to testify about. If you’ve got a final hearing on an uncontested divorce, this is pretty simple. If it’s another type of trial or hearing, talk with your attorney regarding the the subjects about which you will be questioned, and review any documents that might be relevant.

3. Don’t make jokes, roll your eyes, be sarcastic, or be rude. Remain calm, especially if one of the attorneys is trying to push your buttons to trigger an outburst.

4. Sit up straight in the chair and keep your hands and feet still while you testify.

5. Stop talking when an attorney or judge starts talking during your testimony. If there is an objection, wait for the judge to rule and then continue.

6. Look at the judge and make eye contact on occasion. You’re answering questions asked by an attorney but, in a Tennessee family law case, it’s the judge that is making the decisions— make sure she doesn’t have reason to think you’re being cagey.

7. If you are asked a yes or no question, answer yes or no first, then give your explanation if one is needed. Also, say “yes” or “no,” not “nope,” “yep,” “nah,” “uh huh,” etc. Don’t nod your head.

8. Refer to others in the courtroom as “Mr.” Or “Ms.” This means your attorney, the other attorney, even your spouse or ex-spouse. Call the judge “Your Honor.”

9. Answer the question that has been asked, don’t volunteer other information. And don’t answer what you think they really want to know, just answer the question that you have been asked.

10. TELL THE TRUTH. Getting caught in a lie will be disaster for your credibility.

When to Follow the Parenting Plan

Ideally, your parenting plan gets put in a desk drawer and you never have to look at it because you both just do what’s best for you and your kids.

When that’s not working, follow the plan.

Sometimes we get calls from clients concerned about wanting to trade times with their co-parent, move things around, etc, and otherwise act not in accordance with the parenting plan. And that’s perfectly okay! As long as the other parent agrees, you can move your schedule around any way you feel would be in your family’s best interests. You will not be guilty of contempt of court for switching weekends if you both are cool with it.

We wouldn’t advise that you regularly miss your parenting time even if your co-parent agrees to keep the kids during that time, that can be grounds for modifying the parenting plan and permanently reducing your parenting time. But trading time, and adjusting pick up and drop offs, rearranging holidays, that is all fine.

When things are not good between you and your co-parent, the default is always whatever the parenting plan says. If you’ve been following a regular day-to-day schedule that is different from your parenting plan for a while, it’s a good idea to get it formally modified accordingly, otherwise if and when you and the other parent aren’t seeing eye to eye you will have to revert to the old plan that might not fit well anymore.

Uncontested Final Hearings

In many, if not most, Tennessee counties including Davidson and sometimes in Williamson, even if your divorce is truly uncontested you will have to go to court for a final hearing. This can be intimidating but I promise it should not be scary.

You will come at the courtroom at the scheduled time (or log in to zoom, depending). There will likely be several other cases on the docket so there will be other people there. When it is your turn, you will come to the front of the courtroom and be sworn in to tell the truth. You might be asked to sit in the witness chair, or in some courts you just stand next to your attorney at the podium to answer several questions (these are easy questions, like these:

• You have lived in Tennessee for at least six months prior to filing for divorce?

• Have irreconcilable differences arisen between you and your spouse?

• Those differences still exist today?

• You have executed this Marital Dissolution Agreement and believe it to be a fair and equitable division of your marital assets and liabilities?

• You believe the Parenting Plan to be in the best interests of your children?

• You’re asking the judge to grant you this divorce today?

PLEASE: If the answer to any of those questions is not “yes,” let your attorney know BEFORE you get up there.

The judge will tell you that she approves the Final Decree and will grant the divorce. Then usually we receive a copy of the signed and entered Final Decree of Divorce via email or the court’s e-filing system in the next day or two. In some counties, you will get a hard copy of the paperwork immediately.

As always when you are going to court, think about parking (bring cash to pay for parking if needed), give yourself enough time so you aren’t late, and dress appropriately.

30 days, 60 days, 90 days

When you’re getting a divorce there are a lot of time limits, waiting periods, and deadlines.

We get a lot of questions about how those work and what they mean.

Let’s start with 30 days: when someone is served with a Complaint, the Summons says they must file an Answer within thirty days. On day 31, the attorney for the Plaintiff may file a Motion for Default Judgment. The Motion is set for a hearing, and in Williamson or Davidson Counties that motion is at least 14 days after the motion is filed. There is some room here, but if you are served with papers you need to do something about it. If you receive a Motion for Default, you need to do something QUICKLY, and if nothing else show up at court on the day of the hearing to ask the judge for more time. If you ignore everything, it doesn’t go away, and you’ll be fighting an uphill battle.

Another 30 day deadline is on discovery responses. When you are issued interrogatories, requests for production of documents, or requests for admission, the other side will be expecting those within 30 days. While sometimes that doesn’t happen, and lawyers can give each other extensions out of professional courtesy, if you’re answering Requests for Admission you have got to get those back to the other side within 30 days or everything could be deemed admitted and you’re at a disadvantage. Don’t lollygag!

Tennessee has waiting periods for divorce of 60 days if you don’t have minor children and 90 days if you do. This is not a deadline, it’s a cooling off period. This means the divorce cannot be finalized before the waiting period has passed, and it begins on the day the Complaint for Divorce is filed with the court. It does not mean that anything happens on the 60th or 90th day, it doesn’t. It just means that even if you have a parenting plan and MDA filed with the Court, you can’t get the divorce finalized until after the waiting period has passed.

Collaborative Divorce Q&A part 2

For part 1, click here.

HOW CAN I BE SURE THAT WE WILL FIND OUT ALL THE INFORMATION AND THAT WHAT WE GET IS ACCURATE?

Just as in litigated cases, there is no guarantee that each party will be completely honest, but there are some extra protections.

The participation agreement signed by the parties at the outset is a commitment to honesty. No such agreement is signed in a traditional litigated family law case. The agreement also creates the basis for enforcement action or damages if dishonesty is uncovered. In Collaborative divorce cases, a joint sworn inventory and appraisement is signed by the parties certifying the extent and value of the parties' property. The atmosphere in a Collaborative case is more conducive to honesty because of the civility and reduced animosity that generally exist due to the process used. The parties may not be as tempted to cheat or shade the truth when they have feel like they have some control of the process. Additionally, the Financial Neutral is skilled and trained in finding and identifying anything that may need to be examined more closely.

In the event that dishonesty occurs and is detected after an agreement is reached, the victim would have the same remedies available to a victim of dishonesty in a regular litigated case.

WILL IT SAVE TIME OR MONEY?

As is the answer to most questions you ask a lawyer, it depends.

Collaborative Law cases are not cheap and are not necessarily fast.  But, neither are litigated cases.  However, there are some possibilities for savings in Collaborative cases.

Since Collaborative cases are usually handled on an hourly basis, and each case is different, there is no way to guarantee savings, but there is a great potential for savings if the parties work hard and responsibly. Like about any other family law matter, the amount of time involved, and therefore the cost, depends on how the parties act as well as the difficulty of the issues.

The parties have more control over the time commitment in a Collaborative case than in a litigated case and can avoid the time consumed in court appearances and in the heavy paperwork that often appears in litigated cases.  In litigation, there are usually multiple court appearances and voluminous document discovery and review in Discovery.  In Collaborative cases, there are multiple meetings, but many meetings are between the parties and just the Coach or Financial Neutral, which is much less expensive than having both attorneys present.  The Financial Neutral typically manages the financial document production and organization for both parties together, and it is much more limited than in litigation.

If a case is unsuccessful and reaches an impasse, there will be considerable expense since both parties will have to hire new attorneys. The knowledge of that is part of the motivation and commitment of the parties to reach a settlement.

HOW MUCH DOES IT COST?

There is no way to tell how much a Collaborative case will cost. It depends on many factors, especially the complexity of the issues and the abilities and interest of the parties in reaching agreements. There is usually no way to predict how much a traditional litigated family law case will cost either.

HOW LONG DOES IT TAKE TO FINISH A COLLABORATIVE DIVORCE?

That is mostly up to the parties. There is a mandatory 60-day waiting period in Tennessee if you don’t have children, and a 90-day waiting period if you do. An agreement can be approved by the court at any time after that. In other family law cases, there may not be a minimum time, so the length of time involved depends on how well the parties and attorneys negotiate.

HOW DOES IT PROTECT MY PRIVACY?

Court hearings in a litigated case take place in an open, public court. The Collaborative case is negotiated in private meetings. In litigated cases, a great deal of personal and financial information regularly finds its way into the public divorce records kept on file at the courthouse. In Collaborative cases, the information is discussed and shared in private. The parties control what information, if any, is put in public records.

WILL IT WORK IN A CUSTODY CASE?

Yes, it can. Many custody cases are resolved with a Collaborative approach, with the benefit that the positive qualities of each parent are not lost and both parties focus on the best interests of the children. Relationships are not destroyed along the way as the parties work out a settlement by working together instead of against each other.  Sometimes we bring in a neutral child specialist, or we just use the Coach in other cases, to help the parties sort through the issues and work out solutions that fit their needs.  That is generally much better than having a standard formula imposed by a court.

WHAT IF WE NEED AN EXPERT TO APPRAISE PROPERTY OR VALUE A BUSINESS?

One of the great benefits of the Collaborative approach is that joint experts are hired by the parties, instead of having a battle of experts hired by each side. The parties save money using just one expert.

WHAT IF WE CAN'T REACH AN AGREEMENT?

In a very small number of Collaborative cases, an agreement cannot be fully reached. Sometimes a partial agreement can be reached and the remaining issues can be resolved by mediation, or going to court, if all else fails. The bottom line is that if the parties reach an impasse and cannot agree, the attorneys will withdraw and the parties will go to court to settle all remaining issues. Because of the cost, animosity and time delays, that is not usually an attractive option.

WHAT IS MY ATTORNEY'S ROLE?

Your attorney has a major role in advising and guiding you. Your attorney will usually not speak for you, which often happens in litigated cases. Instead, each attorney meets and consults with their client before, after and between joint meetings and can take an active during meetings to help guide the parties. There is regular and constructive representation, focusing on the attainment of a client's most important goals, throughout the process.

Social Media Advice

Ah, social media… one of the greatest inventions for the divorce business!

It’s hard to believe how much evidence can be gathered from someone’s social media if they aren’t careful. From rekindling old flames via DMs that get read aloud in court, posting photos of themselves violating court orders, criticizing the judge (!) or simply over-sharing along the way, social media has become a main player in divorces and other family law cases.

If you’ve got a family law case pending or soon to be, here are some tips for you:

1. Ideally, make your social media account(s) private so that only you can see them, and stop posting ANYTHING on your page or anyone else’s.

2. Don’t just increase your privacy thinking your friends would never share what they see. I can’t begin to tell you how many times someone’s private social media feed still gets entered into evidence because some “friend” is still buddies with the other side.

3. If you continue using social media, expect the judge will see every word and image, and post accoridngly. EVEN IF YOUR ACCOUNT IS PRIVATE, it could be subject to production to the other side for review or entry into evidence in court, and you may be called upon to explain yourself under oath.

4. If your children can see your social media account(s), anything you post about your former partner had better be glowing, because derogatory things posted where kids can see them is the same as talking smack about your ex in the presence of the kids, and is a violation of the parenting plan which is a court order. Violating a court order can mean jail time. This continues after the divorce is over, by the way.

Grounds for Divorce

I recently wrote about Inappropriate Marital Conduct, which is the most commonly used grounds for divorce. It is rare that a Complaint for Divorce will include any grounds other than Irreconcilable Differences (“ID”) and/or Inappropriate Marital Conduct. We (divorce lawyers) use inappropriate marital conduct as a sort of umbrella term, to cover all manner of sins. However, there are other grounds allowed by Tennessee statute, and you can use any and all that apply in your case if you really want to.

T.C.A. 36-4-101 provides the following grounds for divorce:

1. Impotency and the incapability of procreation

2. Bigamy on the part of either spouse

3. Adultery on the part of either spouse

4. Desertion for two years or more

5. Conviction of a crime which renders the party infamous

6. Conviction of a crime (felony) and confinement to the penitentiary

7. Inappropriate marital conduct or cruel and inhuman treatment

8. Malicious or deliberate attempted murder of that spouse

9. Habitual drunkenness or drug abuse

10. Pregnancy at the time of the marriage by another man without the husband’s knowledge

11. Refusal, on the part of a spouse, to remove with that person’s spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years

12. The husband or wife has offered such indignities to the spouse’s person as to render the spouse’s position intolerable. Thereby forcing the spouse to withdraw from the marriage.

13. The husband or wife has abandoned the spouse. Or turned the spouse out of doors for no just cause. And has refused or neglected to provide for the spouse while having the ability to so provide.

14. For a continuous period of two (2) or more years which commenced prior to or after April 18, 1985, both parties have lived in separate residences, the parties have not cohabitated as man and wife during such period, and there are no minor children of the parties

In addition, your grounds for divorce may be irreconcilable differences, but you can only get an ID divorce in Tennessee if you file a Marital Dissolution Agreement (MDA) and, if you have kids, an agreed parenting plan— that is, you must have a full agreed divorce for it to be granted on the basis of irreconcilable differences. There is one other grounds for divorce that is “no fault,” and that is number 14 above- you’ve been living separately for at least two years and don’t have minor children. Without that separation, and without a full agreement, it has to be somebody’s “fault,” using one of the other grounds provided by the statute.

Collaborative Divorce Q&A

I am a huge proponent of the benefits of collaborative divorce, but it’s not as well understood as other divorce processes, so I thought I would answer some common questions.

WHAT IS COLLABORATIVE DIVORCE AND HOW DOES IT WORK?

Read more about the basics of Collaborative Divorce on my website.

WHO MAKES THE DECISIONS?

In a Collaborative Divorce, the parties make their own decisions. They do not rely on a judge, and can structure their own solutions and be more creative in reaching a resolution.

HOW IS IT DIFFERENT FROM MEDIATION?

The main differences are in the use of teams of professionals, the timing, the focus on interests and needs in Collaboration rather than arbitrary guidelines, and the role of the threat of judicial intervention.

Mediation involves a neutral third party who helps the parties try to work out a settlement. In Tennessee, mediation often occurs after there has been extensive work done in discovery (the process of gathering and exchanging information and records). Often, mediation is the last step before trial. Discussions in mediation often include the implicit or explicit threat to “let the Judge decide” or “I'll just take it to court” if the other party will not agree with what one party wants.

In contrast, in Collaborative Law cases -- 

• The parties work directly with both attorneys, the neutral professionals and each other.

• Discussions begin immediately

• The parties themselves decide how and when they will resolve the issues.

• At the outset, the parties agree not to go to court, which eliminates the threats that occur in mediation.

• The negotiations are interest-based, rather than positional bargaining.

• The parties determine their underlying needs and abilities and create custom solutions themselves, rather than relying on a judge to decide.

WHY DO THE ATTORNEYS HAVE TO WITHDRAW IF THE PROCESS FAILS?

It is a fundamental element of the process. That requirement ensures that both parties will sincerely work in good faith to settle the case. The cost and inconvenience of hiring new attorneys is a huge incentive for the parties to stay with the process and reach an agreement. The loss of business from failure is also an incentive for the attorneys and other professionals to work until an agreement is created.

Inappropriate Marital Conduct

I was listening to a national podcast that mentioned a celebrity that had filed for divorce in Tennessee. The podcaster said, “she listed grounds for divorce as ‘inappropriate marital conduct,’ so you can guess what that means.”

No, you really can’t. It doesn’t mean adultery. It doesn’t mean anything in particular, really.

The statute which lists all the grounds possible (T.C.A. 36-4-101) includes “The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct.”

That sounds pretty terrible, but if you receive divorce papers accusing you of inappropriate marital conduct, you’re not being accused of anything in particular, or really anything all that bad (necessarily). To a divorce lawyer, those words don’t mean anything other than grounds for divorce. I heard a judge once say that All married people married longer than 48 hours are guilty of inappropriate marital conduct.

So don’t freak out! At least not yet. Get in touch so we can talk about what inappropriate marital conduct means in your case.

Where will my kids go to school?

When you get divorced and one or both parents move, which school zone applies? The answer to that is the same answer to most questions you ask a lawyer. It depends.

For a while now, the usual answer has been, generally, the school zone in which the Primary Residential Parent lives. And no, this is not a “joint decision” that has to be made by both parents. Wherever the PRP chooses to live (as long as the relocation statute isn’t triggered) is where the kids would go to school (assuming the kids go to public school, this obviously doesn’t apply for private school). Even if the parents have equal parenting time, and even if both parents agree that they want their child to attend a different school, (some) school districts will only permit the use of the PRP’s address.

But in 2019 the statute changed. Effective July 1, 2019, Tennessee Code Annotated § 36–6–410 now allows parents with equal parenting time to be joint PRPs, and the address of either parent may be used for school zoning.

So now parents with 50/50 parenting schedules don’t have to argue over who should be PRP, but they *can* argue about which parent’s address should be used for zoning. [side note: you should not be arguing. You should be collaborating.]

What Should I Wear to Court?

Whether you’re having a major trial or a simple uncontested divorce appearance, going to court can make normal people nervous (as opposed to the non-normal: lawyers). And the last thing you need to worry about is your outfit. BUT… what you wear can be important. Maybe more important than what you wear is what NOT to wear sometimes.

The standards are different in different counties and with different judges. I used to tell clients to dress like they were going to church, but that’s not really a good guide anymore. I wanted to say dress like you’re going to a funeral, but didn’t want to seem morbid. So, maybe dress like you’re going to a job interview. But in general, if you dress respectfully you’re good. What does that mean? Remember you are in a place (the courtroom) that is very formal, conservative and traditional.

• Your shirt should have sleeves. Yes, even in the summertime ladies. You need to wear a jacket or sweater over your sleeveless dress/top when you are in the courtroom, or you might be asked to step out and you can’t get divorced in the hallway.

• Your clothes should not have words or pictures on them unless it is a work uniform - please do not wear anything with curse words or pictures of marijuana leaves. Please.

• Please do not wear shorts of any length or very short skirts.

• Please do not wear a hat, cap, or much anything else on your head.

• Please do not wear flip flops, stiletto heels, or slippers.

• Please do not wear a lot of jewelry.

• Men often ask me if they should wear a suit. It should please you to hear that it’s not necessary. You don’t have to wear a coat or tie, though it would be fine if you do.

• Wear a belt if your pants are droopy.

• Don’t wear sloppy, ill fitting, or dirty clothes.

Look, it’s old-fashioned and super boring and unoriginal and potentially sexist, and if you don’t like the dress code, I understand. But don’t sacrifice your case to be a rebel in court.

But it's Uncontested!

Something that we family lawyers hear a lot from potential and new clients is that they’re sure their divorce will be uncontested. And, considering that a vast majority of all divorces eventually settle rather than go to trial, most of them are right, it will be uncontested in the end. But just to be clear, let’s talk about it what does not make an uncontested divorce:

• “We both a want a divorce, so it’ll be uncontested.”

• “She said she would sign whatever I bring her.”

• “We agree to almost everything.”

In Tennessee, to be divorced on the grounds of irreconcilable differences and have an uncontested divorce, that means you must agree to everything. Everything in the Marital Dissolution Agreement (including who gets the house, cars, bank accounts, retirement accounts, art on the walls, the dishes in the cabinet, the waffle maker, the dog, and the big screen TV). Everything in the parenting plan, if you have kids. EVERYTHING. If there is even one issue about which the two parties cannot reach an agreement, you do NOT have an uncontested divorce. It also means both parties must cooperate in executing the necessary documents. If you don’t have complete agreement, you have a contested divorce until agreement is reached.

Finding solutions

A father left 17 camels as an asset for his three sons.

When the Father passed away, his sons opened up the will.

The will of the father stated that the eldest son should get half of 17 camels,

The middle son should be given 1/3rd of 17 camels,

Youngest son should be given 1/9th of the 17 camels,

As it is not possible to divide 17 into half or 17 by 3 or 17 by 9, the sons started to fight with each other.

So, they decided to go to a wise woman.

The wise woman listened patiently about the will. The wise woman, after giving this thought, brought one camel of her own & added the same to 17. That increased the total to 18 camels.

Now, she started reading the deceased father’s will.

Half of 18 = 9.
So she gave 9 camels to the eldest son.

1/3rd of 18 = 6.
So she gave 6 camels to the middle son.

1/9th of 18 = 2.
So she gave 2 camels to the youngest son.

Now add this up:
9 + 6 + 2 = 17
This leaves 1 camel,which the wise woman took back.

The attitude of negotiation & problem solving is to find the 18th camel; i.e., the common ground. Once a person is able to find the common ground, the issue is resolved.

However, to reach a solution, the first step is to believe that there is a solution. If we think that there is no solution, we won’t be able to reach any!

Appeals

So, you're not happy with the outcome of your case.  The judge made a huge mistake! If that happens, you need to file an appeal. What does that mean? How do you do that? 

The most important thing to remember is that you should not wait. The deadlines to file an appeal are hard and fast-- and there is no mercy. 

Another other thing to know is that the wheels of appellate justice do not turn fast.  You're in for a long haul in most cases (the Court moves at its own pace, though it does depend on the type of case you have).  Try to be patient.

Finally, know that in the Court of Appeals there are no Perry Mason moments. Most everything happens on paper (there may be oral argument, but only the lawyers get to talk, there are no witnesses, no exhibits, no cross-examination) and without fanfare.

Harrington Law is here to help with your appeal! For more information, please see our Appeals page. 

Split

If you have kids, check out this film.  Order the movie and consider sharing it with your kids. 

The child's preference

I am often asked "how old do my kids have to be before they can choose with which parent they will live?"  The answer is 18.  When kids are 18, they can live where they want (obviously, they're adults at that point).  Until then, the parents get to choose. And when parents divorce and can't agree where the child will live? The judge gets to choose.

In Tennessee, if the child is at least 12 years old, the judge will listen to the child about where he or she would prefer to live, but it's only one factor that the judge will consider when making her decision (all the factors are listed in the statute T.C.A. 36-6-404). The weight given to the child's preference depends on the child's age, the level of maturity, how the other factors shake out, and more.  If the child is under 12 years old, the Judge doesn't have to consider what the child wants at all.

Talk to us about what effect your child's preference has, if any, on your custody determination.  And if your child wants to live with other parent-- don't freak out.  Remember, as kids get older, their needs change and parenting must change too.

Nothing...

If this happens, you might want to save our number just in case.  

Legal Separation vs Divorce

In the past couple of days I have coincidentally had three separate conversations about Legal Separation in Tennessee-- since it's on my mind, let's talk about it: What is it, why do it, what's the point?  Some thoughts:

• If your spouse moves out of the house, and you're living separately, you are separated. You are NOT "Legally Separated."  A Tennessee legal separation is a designation that is granted by a court order. 

• To obtain a legal separation in Tennessee, you must file a Complaint with the court, and you must state the grounds for legal separation, just as you would if you filed for a Tennessee divorce. If you have children, you will have to have a parenting plan and set child support. You will divide assets and liabilities, and possibly provide for spousal support as well.

• If you are legally separated, you are STILL MARRIED. That means you can't marry someone else. That also means your spouse could still inherit upon your death. And if you don't completely divide all the marital property in the Decree of Legal Separation, any new assets you acquire are potentially subject to division in the eventual divorce.

• If you go through the process and get a legal separation, in two years, either spouse can ask the court to declare the parties divorced.

Attorneys tend to advise that, barring other circumstances, a Tennessee  legal separation is just like a Tennessee divorce: same attorney fees, same documents, same negotiations, same court hearings... without the same result. You go through all of that, but you're still married at the end of it. Why would you put yourself through all of that just to end up right where you are? Well...

A Tennessee legal separation can be a benefit if you need to live separately and provide for support or the division of property, but you want to remain married for some reason. One reason we see is that the parties' religion does not recognize divorce.  Another is that one spouse needs to remain on the other's health insurance because they have a health condition or otherwise find it unreasonable or impossible to get their own policy.  Or, if one spouse is in the military, a legal separation can also be a benefit, as there are considerations related to dependency status, retirement, and other benefits.

Get in touch to talk about Tennessee legal separation, Tennessee divorce, and what's best for your family. 

Insanity

Do something different.