200 South Woodland St., Manchester, TN 37355
Schedule Your Free Consultation (931) 954-1066
attorney packing up their bag after a meeting

Tennessee General Law Blog

Let’s Review Your Case

Terms to Know Beforehand During a Divorce Settlement

There are many terms used during the divorce process, but what do they mean?

When a couple is getting divorced in Tennessee, they typically do not know what to expect. Many people who choose to get a divorce have never gone through the process before. As such, they do not know what to expect, and do not understand many of the terms they come across once divorce proceedings begin. A Manchester divorce attorney can help anyone considering a divorce understand what these terms mean. In the meantime, five of the most common divorce terms, and what they mean, are listed below.

Marital Property

During a divorce, only marital property is divided. This is property that was obtained during the marriage. Separate property is that which either spouse brought into the marriage with them. For example, one spouse may have received an inheritance weeks before they got married. They will bring that inheritance into the marriage with them, so it is not considered marital property and it will not be divided as part of the divorce proceedings.

Equitable Distribution

Tennessee is an equitable distribution state. This means that when dividing property, a court will consider what is fair, but not necessarily divide the property equally. For example, if one spouse had an affair and spent much of the couple’s money on that affair, the court may award the other spouse more property. The reasoning for this is that the other spouse is entitled to something of greater value for the money lost on their spouse’s affair.

Fault-Based Divorce

When one spouse feels that the other has engaged in marital misconduct, they can file for a fault-based divorce. This type of divorce accuses the other spouse of wrongdoing. There are many grounds for divorce in Tennessee including substance abuse, cruel and inhuman treatment, and willful or malicious desertion for one year. So, if one spouse is the victim of domestic violence, they can file for a fault-based divorce.

Uncontested Divorce

When many people think of divorce, they think of long court proceedings that take months to settle. Fortunately, this is not always the case. Couples can file an uncontested divorce, in which they agree on all terms including property division, child custody, and spousal support. This can make divorces proceed more quickly, and more affordably. Couples must agree on every aspect of the divorce to file an uncontested divorce. If they disagree on even one term, they must file a contested divorce.

Irreconcilable Differences

Not all divorces in Tennessee require an accusation of fault. If one or both spouses wish to get a divorce, they can file on the grounds of irreconcilable differences. This simply means that both parties agree that the marital relationship has been damaged to such an extent that reconciliation is very unlikely. It is important to understand that irreconcilable differences do not automatically mean the divorce is uncontested. A couple can fully agree to get a divorce, but still disagree on certain terms, such as child custody.

Are You Considering Divorce? Call Our Tennessee Divorce Lawyers

If you are considering getting a divorce, call our Manchester divorce lawyers today. At Burch, Morrison, & Stewart, we will explain all the options you have available to you, and work to get your divorce finalized as quickly and easily as possible for you. Call us today at (931) 954-1066 or contact us online for your free consultation so we can start reviewing your case.

Schedule Your Free Consultation