By Will Gobbell and Ryan C. Davis
What is a Legal Separation in Tennessee?
Legal separation in Tennessee is an alternative to divorce that allows couples to live apart while remaining legally married. This option can be suitable for couples who are not ready for divorce, for whatever reason, but need to address issues like property division, child custody, and spousal support. Unlike simply living apart, a legal separation involves a court order that outlines the rights and responsibilities of each spouse during the separation period. This can include decisions about child custody, visitation, alimony, and the division of assets and debts. Essentially, a legal separation requires the same legal steps as a divorce, but the outcomes are different.
How Does Legal Separation Work in Tennessee?
To obtain a legal separation in Tennessee, one spouse must file a complaint in court, similar to a divorce complaint. The complaint for legal separation must contain one of the grounds for divorce provided by law, just as with a complaint for divorce. When there is a division of property, any property acquired after the separation will be considered separate property. However, because the marriage is not dissolved, neither spouse can remarry during the legal separation period.
Why Choose Legal Separation?
Couples may choose legal separation for various reasons. For some, religious or moral beliefs make legal separation more appealing than divorce, as it allows them to live apart while still honoring their values. Financial benefits are another critical consideration, as legal separation permits spouses to remain on each other’s health insurance or continue receiving other benefits that might be forfeited in a divorce. Additionally, legal separation provides couples with time and space to work on their relationship, offering an opportunity for reconciliation without the finality of a divorce.
Can Legal Separation Lead to Divorce?
Yes, legal separation can be a step toward divorce. After two years of legal separation, either party can file a petition for a divorce stating that the parties have not reconciled and the court will grant them a divorce, even if the other spouse objects. Alternatively, if the parties reconcile, either party can file a petition to dismiss the legal separation and resume their marriage.
Reach out to the divorce attorneys at Ryan C. Davis Law, PLLC for comprehensive legal guidance in all aspects of family law, including legal separation. Call 615-649-0110 to schedule a consultation today.
