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Tennessee Temporary Restraining Order Enjoining Parties from Disposing...

Tennessee Temporary Restraining Order Enjoining Parties from Disposing of Marital Property

Name: Tennessee Temporary Restraining Order Enjoining Parties from Disposing of Marital Property
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Category:

Tennessee Court Samples - Divorce - No Children - Sample Case 1

State:

Tennessee

Control #:

TN-CN-08-01

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A02 Temporary Restraining Order Enjoining Parties from Disposing of Marital Property

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How to fill out Tennessee Temporary Restraining Order Enjoining Parties From Disposing Of Marital Property?

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FAQ

Marital property refers to property that belongs to the marriage, as opposed to separate property, which is separately owned by one spouse or the other. Marital property includes all real and personal property, whether tangible or intangible, acquired by either or both spouses during the course of the marriage.

Under Tennessee law, only marital property is subject to equitable division upon divorce. Specifically, marital property is defined as any assets or property acquired by either you or your spouse while you are married.

In general, Tennessee law requires payment of alimony when one spouse has the ability to pay and the other spouse has the need for support. If a spouse has no need for support or the other has no ability to pay it, then alimony should not be awarded.

There are no fees for filing for a protection order. Domestic abuse, stalking, or sexual assault victims do not need have to pay to file, issue, register, serve, dismiss, appeal, or enforce an ex parte order of protection, or an extended order of protection.

Tennessee is an equitable distribution state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably according to the factors listed in T.C.A. § 36-4-121(c).A trial court will classify all property as either marital or separate.

The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.

Finally, you can ask the court to grant you a divorce based on a separation. In order to qualify for this, you must be able to show that you have been living in separate residences, and not cohabiting as spouses, for at least two years (this ground applies only if the couple has no children).

A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain.

Tennessee Temporary Restraining Order Enjoining Parties from Disposing of Marital Property

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What is marital property in Tennessee?

What is considered marital property in TN?

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How much does it cost to file a restraining order in Tennessee?

Is Tennessee a marital property state?

Is TN A 50/50 State for divorce?

Do you have to be separated before divorce in TN?

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