• Is there a waiting period before I can get a divorce in Tennessee?
  
  
• What is a Marital Dissolution Agreement?
  
  
• What is a Permanent Parenting Plan?
  
  
• Am I entitled to receive alimony/Will I  have to pay alimony?
  
  
• How does the Court divide assets/property?
  
  
• How does the Court divide debts?

Is there a waiting period before I can get a divorce in Tennessee?
Yes, if the parties do not have a child(ren), there is statutory waiting period  of 60 days before a final hearing for divorce can be set for an uncontested divorce. Of course a Marital Dissolution Agreement must be signed by both parties and filed with the Court before a final hearing from divorce can be set.  If the parties have a child(ren) there is a 90 day waiting period before a final hearing can be set for an uncontested divorce.  Of course a Marital Dissolution Agreement and Parenting Plan must be signed by both parties and filed with the Court before a final hearing from divorce can be set.

What is a Marital Dissolution Agreement?
An MDA is a contract signed the parties detailing who takes what – debts, furniture, cars, real property etc.  Like any good contract, it must be enforceable – thus unambiguous in its terms and finite in its disposition.  The biggest problems tend to be with vehicles and real property namely because joint loans and deeds. 

What is a Permanent Parenting Plan?
I heard a Judge once say that the purpose of the PPP is to allow a  third party to always know where the child is.  In other words the plan has to specifically set out parenting time for the Primary Residential Parent and the Alternate Residential Parent.  There is no one right plan, but rather what works for the parties and the children.  On the other hand there are some plans that the courts will not approve, so I will certainly guide you through this process.  That being said, most people will eventually go with the standard parenting plan. 

Standard parenting time is 285 – 80 split.  This represents every other weekend Friday 6pm – Sunday 6pm. Two weeks in June and two weeks in July (this can be consecutive or nonconsecutive).  The parties also alternate holidays and Christmas break.  

Now standard is the starting point, but it can be more or less, again,  it is what the parties believe work for them and is in the child’s best interest.

Am I entitled to receive alimony/Will I  have to pay alimony? 
Alimony is based on need and ability to pay.  Thus the Court has to undergo a two part analysis for the purpose of awarding alimony.

• Need – the Court will look at several factors when assessing the need of the party who seeks alimony such as age, education, physical and mental condition, financial resources, fault, standard of living, intangible  contributions to the  marital estate as well as other factors.
• Ability of the party from whom alimony is sought to pay – the Court will look at the party’s financial circumstance including all sources  of income from employment, pension, profit-sharing as well as education and training.

If the Court decides to award alimony, then it decides what type of alimony should be awarded.  Tennessee has various types of alimony: in futuro, in solido, rehabilitative and transitional.

• Rehabilitative alimony is awarded to a party in order to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse’s standard of living after the divorce to be reasonable comparable to the standard of living enjoyed during the marriage. 
• Transitional alimony is awarded when the Court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of divorce. 
• In futuro alimony when rehabilitation is not feasible, and is awarded on a long term basis, usually until the death or remarriage of the recipient.  
• In solido alimony is an award of a definite sum of alimony which may be paid in installments over a definite period of time or in a lump sum payment.  It is typically awarded to reimburse a spouse or for his/her share of the marital estate.
• Pendente lite spousal support can be awarded during the pendency of divorce for the support and maintenance of the other spouse as well as the marital estate.  The Court will examine the financial needs of each spouse and the ability of each spouse to meet those needs during the divorce proceedings. 

How does the Court divide assets/property?
The Court will make an equitable division of the marital estate.  In other words, the Judge will examine certain factors such as duration of the marriage, ages of the parties, education and earning abilities of the parties as well as other legal factor, and based on those, the Court will make a fair division of the assets/property.  As you know equitable does not mean equal, but often times the courts will find that an equal division of the assets/property is equitable, but the specific facts of your case may cause the Judge to move away from this assumption.

How does the Court divide debts?
The Court will look at several factors when deciding who should be responsible for the payment of debt(s).   These factors include, but are not limited to, which party incurred the debt and for what purpose, who benefited from the debt and which party is better able to repay the debt.  Keep in mind that if the debt is connected to a particular asset such as a car, then the person receiving the assets will almost always be reasonable for payment of the debt associated with the asset.