Going through a divorce is often a stressful and emotionally charged experience. Unfortunately, misinformation can add to the confusion and anxiety. If you're facing divorce in Tennessee, it's crucial to understand the actual legal landscape rather than relying on common myths. Let's debunk some of these misconceptions:

Myth 1: Tennessee requires a long separation period before a divorce can be finalized.

Fact: This is a common misconception. While some states require a period of legal separation before a divorce, Tennessee does not require any period of physical separation. The only waiting periods are that the divorce must be on file with the Court for 60 days before a divorce can be granted if there are no minor children, or 90 days if there are minor children.

Myth 2: One spouse has to "agree" to the divorce for it to happen.

Fact: In Tennessee, the Court will not make a party stay married. While the Court generally is to determine if a party has met grounds for divorce, the Court also has the authority to simply declare the parties divorced and it would be quite unusual for a Court to deny a party a divorce if that party is seeking one.

Myth 3: Property is always divided 50/50 in a Tennessee divorce.

Fact: Tennessee is an "equitable distribution" state, not a "community property" state. This means that marital property and debt (assets and debts acquired during the marriage) will be divided fairly, but not necessarily equally. The court will consider various factors when determining what is equitable, which include but are not limited to:

• The duration of the marriage.
• The age and physical and mental health of each spouse.
• The vocational skills, employability, earning capacity, estate, financial condition, and reasonable needs of each spouse.
• The contribution of each party to the acquisition, preservation, appreciation, or dissipation of the marital or separate property.
• The relative economic circumstances of each party at the time the division of property is to become effective.
• The need of a parent who has physical custody of a child to occupy or own the marital residence or to use or own tangible personal property.

Therefore, while a 50/50 split might occur in some cases, it's not the automatic rule.

Myth 4: Mothers always get primary custody of the children in Tennessee.

Fact: Tennessee law prioritizes the best interests of the child in custody decisions. Gender is not a determining factor. The courts will consider numerous factors to determine what living arrangement and co-parenting schedule will best serve the child's physical, emotional, and educational well-being. These factors include each parent's ability to provide for the child's needs, their past caregiving history, the child's reasonable preference (if they are of sufficient age and maturity), and other factors that impact parenting (such as amu history of domestic violence or substance abuse). After considering the evidence, the court will then determine the parenting schedule that is in the child’s best interest.

Myth 5: Once a divorce decree is finalized, it can never be changed.

Fact: While divorce decrees are legally binding, certain aspects can be modified under specific circumstances. For example, parenting and child support orders can be changed if there has been a substantial change in either the circumstances (for parenting) or incomes (for child support). Unless it is “nonmodifiable” alimony can also be subject to modification under certain circumstances sue as remarriage, a change in income or a change in health of the parties receiving support. Property division is generally considered final and not subject to modification after the decree is entered.

Navigating Divorce in Tennessee:

Divorce is a complex legal process. Relying on myths can lead to unrealistic expectations and potentially harmful decisions. If you are facing divorce in Tennessee, it is essential to consult with an experienced Tennessee family law attorney. At Patton | Pittman, our Clarksville, Tennessee Family Law Attorneys have the experience to navigate this important process and ensure that your rights, and the rights of your children, are protected.