Yes, all issues must be decided before a judge approves the final divorce decree. If the parties settle, a Marital Dissolution Agreement will divide all assets and debts. If alimony is awarded, the Marital Dissolution Agreement will also identify the type and terms of the alimony.

A Permanent Parenting Plan will decide child related decisions. The Permanent Parenting Plan will designate a parenting schedule and make other provisions for any minor children. If the parties do not settle, a divorce trial will determine all issues.

In Tennessee, we refer to maintenance as “alimony.” There are several different types of alimony. The factors for determining alimony are:

In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:

• The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;

• The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level;

• The duration of the marriage;

• The age and mental condition of each party;

• The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;

• The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;

• The separate assets of each party, both real and personal, tangible and intangible;

• The provisions made with regard to the marital property as defined in s 36-4-121;

• The standard of living of the parties established during the marriage;

• The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;

• The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so; and

• Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Neither party can relocate out of the state while a divorce is pending. After the divorce, the primary residential parent can relocate after giving the appropriate notice to the other parent. For the alternative residential parent to defeat a relocation of the child by the primary residential parent, the parent must prove a substantial risk of harm to the child if custody remained the same.

No, in Tennessee gender is not a de juris factor in awarding custody. In years past, the court favored awarding mother custody if the children were of tender years. However, the “tender years presumption” no longer exists in Tennessee.

Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12. The preference of the child is one factor that the court will consider in determining the best interests of the children.

No, child support is a completely different and independent issue from the right of visitation. If a parent refuses to pay child support, the other parent should file a Petition for Contempt.

Yes, in Tennessee child support is based off the Tennessee Child Support Guidelines. If parents share 50-50/equal parenting time, child support is based upon each parent having one hundred eighty-two and one-half (182.5) days of parenting time.

If you and your spouse can agree to a custody arrangement, you will decide which spouse gets custody of your children. If you and your spouse do not agree, the court will determine the custodial arrangement based on the best interest of the child.