Helpful tips

Can you appeal a divorce in Tennessee?

Can you appeal a divorce in Tennessee?

In Tennessee, you have an absolute right to an appeal in a civil case, including divorce and other family law matters. The appellate court can return (“remand”) the case to the lower court with instructions as to how the case should be concluded or for hearing further proof on a specific aspect of the appeal.

Can a divorce be granted in the state of Tennessee?

A divorce may be granted in Tennessee if the plaintiff or the defendant has resided in Tennessee for six months preceding the filing of the Complaint for Divorce. After I file for divorce, do I have to continue to live in Tennessee? No.

How are assets divided in divorce in Tennessee?

Tennessee Divorce Laws Affecting Retirement. Under Tennessee divorce law, the court must “equitably divide, distribute, or assign the marital property” between the spouses. T.C.A. § 36-4-121. Perhaps the more obvious marital assets to be divided are the house, furniture and furnishings, automobiles, and bank accounts.

When to remarry after a divorce in Tennessee?

Although there is no legal requirement in Tennessee divorce law to wait to remarry any particular length of time after a divorce is granted, most Tennessee lawyers advise to wait at least until the 30 day appeal period has expired. If a divorce is appealed, the granting of the divorce is technically not final.

What is considered marital property in a Tennessee divorce?

Separate property is also a factor when dividing marital property. If you keep your inheritance separate, it may mean you get a smaller share of marital property when you divorce. Just like any other asset in a Tennessee divorce, pensions, IRAs, 401Ks and retirement plans are considered marital property.

Are there divorce forms approved by the Tennessee Supreme Court?

Court-Approved Divorce Forms These divorce forms were approved by the Tennessee Supreme Court as “universally acceptable as legally sufficient”. This means that if the forms are filled out correctly that all Tennessee courts that hear divorce cases must accept the forms.

How can one or both spouses appeal a divorce decree?

One or both spouses can seek to appeal or modify their divorce decree. The following is an overview of the appeals and modification processes. Once the divorce is completed and a judgment entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court.

Is there a 90 day waiting period for divorce in Tennessee?

The Tennessee judge must approve the parenting plan. If the court does not approve the plan as being in the children’s best interests, then the 90-day waiting period is, once again, out the window. The divorce will take longer than three months.

Is there a cooling off period for divorce in Tennessee?

In Tennessee, if divorcing spouses have minor children a divorce cannot be granted for at least 90 days after the Complaint for Divorce is filed. This is referred to as a “cooling off” period.