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In Tennessee, a “legal separation” is not necessary if spouses are planning on divorcing. One spouse can sue another, however, for a legal separation.
While deciding upon the matter for legal separation, the court can also address other pertinent issues attached to matrimony such as child custody, visitation, support and property issues. A legal separation does not allow any spouse to marry another person until the matrimony is legally terminated by filing for divorce or dissolution of marriage or is been declared annulled. In case the parties have not been able to reconcile even after being legally separated for a period of two years, then the court can pass a final divorce order. However, again, filing for legal separation is not a prerequisite for obtaining a divorce. Any spouse who has any of the permissible grounds as given under section 36-4-101 of the Tennessee Code can file for a divorce.
The Court can also decide on the division of marital property at the time of passing an order for legal separation or at the time of entering into final divorce. In case the marital property is divided at the time of passing an order under legal separation then any property acquired after that shall be deemed to be considered as a separate property of that spouse.
Tennessee Code does not specify residency requirements to be met before filing for legal separation, as it is required for filing of divorce petition.
To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.
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