Number three. Suppose you and your spouse get a decree on legal separation. At the end of 2 years, each of you can “turn” the separation into a divorce without the consent of the other. You have already borne the costs of body breakage. Two years later, you could be tried again for a divorce verdict. Matrimonial property that was not divided at the time of legal separation must be distributed upon divorce. If the divorce follows separation without dissolution of the body, and it often does, the total cost may exceed what the divorce alone would have cost. Tennessee allows unhappy married couples to legally separate instead of divorcing. In the event of legal separation, the spouses will divide up property and liabilities, provide custody of the children and set up financial assistance, while remaining married in the eyes of the law. If there is a separation agreement without legal breakdown, any party can use it to conclude a divorce. What does it mean to be legally separated in Tennessee? The reasons for legal separation are the same as divorce.
Insurmountable differences, adultery, abandonment, inappropriate marital behavior, habitual drunkenness, etc. In the event of divorce, the court will share, distribute or allocate all marital property equally between you and your spouse. In the case of separation without dissolution of the body, the court is free to distribute the property. Or not. Discretion means that the judge can now seize the order or leave the property issue for later. But most parties to the divorce will want to divide marital property according to the circumstances. If the property is distributed equitably, everything that has been acquired under the legal separation decree is separate property, the separate property being that which belongs to only one spouse. No couple decides to marry with the intention of divorcing later.
Unfortunately, some relationships don`t work in the long run. This means that there is a time when separation and divorce decisions need to be discussed. If both spouses are not entirely certain that divorce is the next step, a separation without a break in body might be the best choice. This is a less serious and non-permanent solution that should be considered before divorce. If you are not sure if a breakup or divorce is the right way, if your marriage does not work, contact us to discuss your legal possibilities. The following information can help you understand the differences between divorce and legal separation. For more than 20 years, attorney Adrian Altshuler has helped clients divorce and separate in Spring Hill, Murfreesboro, Lawrenceburg and Pulaski, Tennessee. For many couples, separation before divorce is like a cooling-off period to see if the marriage can be saved. But did you know that in Tennessee, legal separation from divorce is very similar, except that couples can`t remarry? The legal separation process has several similarities to divorce, but you remain married after signing the legal separation documents.
As in the case of a divorce, spouses separated by law may receive alimony. The question of who is paid how much depends on the case and the Tribunal`s decision. It is important to know that the courts have ruled that if alimony is awarded in the case of a legal separation, the courts are able to verify the granting of maintenance and modify the maintenance when one of the parties requests a divorce. Since the possibility of reconciliation is a separation without dissolution of the body, the court may refuse the distribution of the couple`s marital property. Without permanent division of the patrimony, both spouses keep their family businesses, their title deed and their annuities, among other things. Note this: whether or not a couple has minor children, a separation order without dissolution of the body allows a couple to stop living together without their separation becoming guilty and there are grounds for divorce. Abandonment and desertion are some of the reasons for a divorce. There are many reasons to consider a legal separation instead of a divorce in Tennessee, including: If you get a legal breakdown through a divorce, the same amount of work is required….