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Tennessee divorce law is very clear ? equitable distribution of marital property does not mean equal distribution. Equal division describes awarding 50% to each spouse, also described as a 50/50 split. But it is not unusual for divisions (settlements and trial results) to be close to a 50/50 split.
In an agreed divorce, the spouses decide these things together but the Court has to approve. The Court wants to see that you divide all your property and debts fairly. You have to list how all the property is divided. Even if you think the property belongs to only one of you, it must still be on this list.
When it comes to property division during divorce, Tennessee is considered an equitable distribution state. Essentially, this means that marital property is divided fairly and reasonably, not necessarily 50-50.
In most cases, the marital home is considered marital property. This means that courts will have to decide who will get to keep the house if both parties cannot agree on what to do with the house (sell it and split the profits, give the house to one party in exchange for something else, etc.).
The average cost of divorce in Tennessee is around $10,000 in attorney's fees and about $3,000 in additional expenses. This is slightly higher than the national average. You can expect to pay around $17,000 if you have alimony or property division issues.
Does Tennessee require separation before divorce? Tennessee doesn't require spouses to separate before divorce, unless a spouse files for a no-fault divorce based on two-year separation (as discussed above). But many spouses do separate before or during the divorce process.
Marital fault such as adultery, substance abuse, and neglect can all be taken into account in a Tennessee divorce. However, the state does have two no-fault based divorce options: Irreconcilable differences; and. Two years of separation with no minor children.
In Tennessee, uncontested divorce (known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. You and your spouse must agree on all aspects of the divorce and not require the assistance of a judge in a court of law.