Every state has a legal process for people to follow when getting a divorce. But the laws can vary quite a bit from one state to another. Knowing what the differences are could be important in planning for a favorable divorce settlement. Some of the ways that divorce laws differ from one state to another include property distribution laws, child custody laws, child support laws and alimony laws.
Property Distribution
When a couple gets divorced the property and assets they own have to be divided. Some state laws require that the property be divided according to an equitable distribution. While equitable does not necessarily mean that the property is divided equally, it does mean that it is divided fairly.
Other states are community property states. Community property would be assets and property acquired during the marriage. Some states require that community property be divided equally with each party getting fifty percent of the property. Other states require that the community property be divided equitably (fairly) as well.
Tennessee requires equitable distribution of the marital assets. The court will base division of the assets based on several statutory factors. Those factors might include the length of the marriage, the age, health, earning capacity, the financial needs of each spouse and other factors which are necessary to balance the equities between the parties.
Child Custody Laws
Child custody laws are, for the most part, similar from state to state but there are some variations. In general courts make custody decisions based on a “best interests of the child” standard, but there can be some differences from one state to another as to what that means. Some states will consider what the child wants, some states allow children who are 14 or older to decide which parent they want to live with and some states make custody decisions by considering a list of factors set out by the legislature of the state. Most states award some type of joint custody of the child to the parents which means that the parents will share physical and legal custody of the child.
Tennessee’s custody laws favor joint custody of the child and, as long as it is appropriate and in the best interest of the child, Tennessee mandates that the court is to try and maximize the parenting time of each parent as much as possible. Many courts in Tennessee now favor equal parenting time for divorcing parents so long as it is geographically realistic and so long as each parent is fit.
Child Support Laws
Each state uses it’s own formula to calculate child support and uses it’s own child support guidelines. Some states calculate child support based on a percentage of the noncustodial parent’s income. Other states use a model that takes each parent’s income into consideration. The reality is that states often measure support using very different standards which can lead to some surprising results.
Tennessee child support laws take both parents’ incomes into consideration along with the amount of time that each parent is spending with the child. Generally speaking, the parent who spends the most amount of time with the child is the parent who receives the child support.
Alimony Laws
Alimony (frequently referred to as spousal support or spousal maintenance), is typically awarded in a divorce when one spouse can demonstrate to the court that they have a need for that support and the other spouse can afford to pay it. Most states have statutes that list various factors a judge must consider when deciding whether or not to award alimony and if so, what kind, how much and for what duration of time. Each state has its own criteria but there is a lot of overlap for certain factors. Courts will commonly consider each spouse’s earning ability, the age of the parties, and the length of the marriage.
Some states will also consider factors like the standard of living that the couple enjoyed during the marriage or even who is more at fault for the divorce.
Tennessee courts will consider the earning potential of each spouse, the needs and financial resources of each spouse, the education and training of each spouse, the length of the marriage and the age of the spouses, the health of each spouse as well as the parties’ standard of living during the marriage and who is more at fault for the failure of the marriage.
Tennessee, like many states, typically does not favor awarding alimony permanently or indefinitely. Although that used to be more common, it has become rather infrequent. An exception to that might be if one spouse is disabled or advanced in years and the marriage was one of long duration. But for the most part, the approach to alimony has shifted to being a way to assist the disadvantaged spouse in making the transition from being married to being single.
Real-life results
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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
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