What Is Alimony? Tennessee Divorce Attorney

As attorneys, we often forget that there are terms of art that we use on a daily basis that some of our clients simply do not understand. Yesterday I was asked a simple question; what is alimony? I have used the term so many times that I just assume that everyone knows what it is. However, that is not necessarily the case. So, the following is the short definition of what alimony is:

Alimony is a legal term of art that Tennessee Courts have used to define the financial support of one spouse to another following the dissolution of the marriage. Alimony can be either permanent or rehabilitative. Alimony is also often called spousal maintenance or spousal support, the terms are relatively interchangeable and the use of the individual terms really depends on the attorney you are using. However, the courts understand and use the phrase alimony to define the spousal support obligation. Alimony is paid by one spouse to help maintain the standard of living that a former spouse had during the marriage.

REMEMBER ALIMONY IS NOT GUARANTEED!

When and if you make the difficult decision to go down the road toward a divorce it is essential that you seek out the assistance of an experienced divorce attorney to assist you with the process. There are numerous issues that go into the determination of whether or not you are entitled to alimony.

How long does a divorce take in Tennessee?

How long does a divorce in Tennessee take?

That’s a tough question.

There are many things that go into how long a divorce case will take. Including, but not limited to, the emotions of the parties, whether it is a fault divorce or no fault divorce, the finances of the parties, whether you have children, etc. Therefore, it is difficult to say with any certainty how long any one individual divorce will take.

In Tennessee,  there are “waiting periods” for divorces. In Tennessee our legislature has provided for “cooling off” periods after the filing of a petition for divorce. Our statutes provide: A complaint or petition for divorce on any ground for divorce must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

As with all divorce and/or family law matters it is essential that you seek out the assistance of an attorney knowedgable with Tennessee divorce and family law.

Can you get a no fault divorce in Tennessee?

As with any legal question it is not only advisable but recommended that you seek the advice of a competent legal professional.

Tennessee Courts recognize fault and no fault divorces. However, there are only two (2) true no fault divorce grounds. Those grounds are:

• Irreconcilable differences 
•  living separate and apart without cohabitation for 2 years when there are no minor children

Many divorces proceed upon the grounds of Irreconcilable Differences. This does not mean that the parties dont have objections as to the distribution of assets or custody of the children, but simply agree that they need to get a divorce. Even in irreconcilable divorce situations the finacial and custodial issues can get extremly complex. It is therefore essential that you seek out the guidance of a competent legal professional to assist you through the process.

Nashville Divorce/Family Law Changes in standard Marital Dissolution Agreements in Davidson County

Effective January 1, 2010 the 4th and 8th Circuit Court for Davidson County mandated the inclusion of the following language in all Tennessee marital dissolution agreements:

“This decree does not necessarily affect the ability of a creditor to proceed against a party or a party’s property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt.  It may be in a party’s best interest to cancel, close or freeze any jointly held accounts.”

Why the inclusion of this language in your Tennessee marital dissolution agreement? Well, the simple answer is that even if you and your soon to be ex-spouse agree that he or she will take on a certain debt, the creditor does not necessarily have to abide by the agreement. With that being said, there are methods by which a well qualified attorney can clarify the financial provisions of a Tennessee marital dissolution agreement to make certain that the wishes of the parties is more readily recognized by creditors.

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