Legal separation in Tennessee offers couples an alternative to divorce, allowing them to live apart while remaining legally married. In many ways, legal separation in Tennessee is similar to a divorce, except that neither of the separated parties can remarry.
This arrangement provides a couple with an avenue for cooling off and addressing critical issues giving rise to acrimony in their marriage such as finances, child custody, and support without dissolving the marriage.
Understanding the legal separation process can help you determine if it’s the right choice for your situation. Consult with an experienced and knowledgeable divorce lawyer in Franklin.
Legal Separation vs. Divorce: Key Differences
While legal separation and divorce are similar in many ways, their outcomes are not always the same. To better understand their difference, let’s consider the differences between marital status and the state of permanency of legal separation and divorce.
Legal Separation
Legal separation in Tennessee allows couples to live apart while remaining legally married, addressing important issues like finances, child custody, and support.
Marital Status – While legal separation involves many of the same topics involved in a divorce, including division of marital property, custody agreement, alimony, and determining who is responsible for paying debts and bills and maintaining the properties, spouses are required to live separately.
However, they remain legally married but live separately. Finally, you should note you and your spouse must agree to a legal separation for the court to grant you separation (§§ 36-4-101 — 36-4-135) Section 36-4-102 – Legal separation).
Reconciliation – Devoid of a divorce order, legal separation accords the couple an opportunity and possibility of reconciliation without the need to remarry.
Divorce
Divorce in Tennessee is a legal process that ends a marriage, addressing key issues like property division, child custody, and spousal support.
Marital Status – Divorce permanently ends the marriage and all legal ties between spouses by legally breaking the marriage contract.
Finality – Following a divorce order, the marital obligation and connections between the coupled are severed completely. As such, it requires property division and custody agreements to be finalized.
Legal separation may be preferred in situations involving religious beliefs, financial considerations, or the need to retain health insurance benefits. For instance, some couples choose legal separation to maintain health insurance coverage that might be lost after a divorce.
Grounds for Legal Separation in Tennessee
In Tennessee, the grounds for legal separation are largely similar to those for divorce. Typical grounds are classified into two categories, including:
No-fault-based legal separation is when there are no-fault grounds for legal separation. Examples of such cases include irreconcilable differences and living separately and apart for at least two years when no children are involved.
Fault-based legal separation, on the other hand, occurs when there are faults and grounds for either party of both parties to seek legal separation. Some of the grounds that can used to seek legal separation are:
- Adultery,
- Cruelty and inhuman treatment,
- Abandonment,
- Bigamy,
- Drunkenness and substance abuse,
- Felony conviction,
- Pregnancy by another,
- Impotence and inability to procreate,
- Abandonment,
- Indignities, among others.
With the above in mind, you should note that there are residency requirements one must meet to file for separation. For one to file for legal separation, you should have been a legal resident of Tennessee for at least six months.
Issues Addressed in a Legal Separation Agreement
A legal separation agreement is a legally binding agreement contract that typically covers all aspects of the spouse’s life while being separated, including:
- Division of Property and Debts – Establishes arrangements for dividing assets and liabilities, either temporarily or permanently.
- Child Custody and Visitation – Involves creating a parenting plan similar to a divorce agreement, detailing custody and visitation schedules.
- Child Support and Spousal Support – Sets financial support obligations during the separation period.
- Living Arrangements – Determines who remains in the marital home and outlines other living arrangements.
Addressing these issues ensures clarity and reduces potential conflicts during the separation.
The Process of Filing for Legal Separation
The steps to file for legal separation in Tennessee include:
- Filing a Petition: Submit a complaint for legal separation in the appropriate court, stating the grounds for separation. Given Tennessee’s mixed divorced state, spouses can file no-fault grounds as a reason for seeking separation.
- Serving the Other Spouse: Legally notify your spouse of the petition, allowing them the opportunity to respond.
- Negotiating a Separation Agreement: In Tennessee, there is a mandatory waiting period for legal separation cases before the courts can act on them. For couples with minors, the waiting period is 90 days. For couples without minors, the waiting period is 6o days. During this period, the couple is expected to work together to come up with an agreement addressing property division, custody, support, and other relevant matters.
The court finalizes legal separation by formalizing the separation agreement, a legally binding contract that stipulates the terms of separation. It’s essential to work with an attorney to ensure the agreement protects your rights and complies with Tennessee law.
Benefits of Legal Separation
Legal separation offers couples the opportunity to live apart while addressing important matters like finances and custody, without permanently ending their marriage.
- Evaluation Period – Provides an opportunity to assess the relationship and decide between reconciliation or proceeding with divorce.
- Retention of Legal Benefits – Allows spouses to maintain certain benefits of marriage, such as health insurance or tax advantages. For military spouses, legal separation rather than divorce ensures a spouse is paid their military pension.
- Structured Separation – Legal Separation offers a formal approach to living apart while addressing financial and custody issues, providing legal protections and clear expectations.
Other benefits of legal separation include keeping lines of inheritance untouched, and it allows the spouse to stay true to their religious beliefs,
Limitations of Legal Separation
Legal separation has limitations, as couples remain legally married, which can restrict certain decisions like remarriage and may prolong financial and legal ties.
- Marital Status – Legal separation forces spouses to remain legally married, preventing remarriage and potentially affecting other life decisions. In case one of the spouses wants to remarry, they have to initiate and go through the often complex divorce process, which costs more time and money.
- Shared Obligations – Some legal obligations, like shared debt, may persist despite the separation. This might affect your financial independence and constrain your decision-making well into the future.
- Uncertainty – Being legally separated may lead to prolonged uncertainty compared to the finality of a divorce, especially if reconciliation does not occur.
Transitioning from Legal Separation to Divorce
If a couple decides to end the marriage after a period of legal separation, the existing separation agreement can serve as the foundation for a divorce decree. However, the court may choose to create an entirely new and different divorce agreement.
In Tennessee, after two years of legal separation, either party can file for divorce by presenting the original order of legal separation and stating that reconciliation has not occurred. The court will then grant an absolute divorce and make a final adjudication of support and property rights.
Contact a Franklin Divorce Lawyer for Help With the Legal Separation Process
Legal separation offers a viable alternative for couples who are uncertain about divorce, providing time to evaluate the relationship while addressing essential legal matters. It’s important to carefully weigh the pros and cons and consult with an experienced family law attorney to explore your options.
At Durak Law in Franklin, TN, we are here to guide you through the complexities of legal separation process and help you understand your rights under Tennessee family law. Contact us at (615) 812-2829 to schedule a consultation and discuss your situation in detail.
