When a couple decides to end their marriage, they have two legal options in Tennessee – divorce and annulment. While both processes signify the end of a marriage, they are quite different in terms of their legal implications. Understanding these differences is essential to choose the right legal avenue that suits your circumstances. In this article, we will outline the significant differences between annulment and divorce in Tennessee.

What Is Divorce?

Divorce is the legal process of ending a marriage. When obtaining a divorce, you must file a complaint with a court, citing the reasons for seeking a divorce. You and your spouse must resolve various issues like property division, child custody, and support. If you cannot agree, the court will make the necessary decisions.

Grounds for Divorce in Tennessee

Tennessee recognizes both fault-based and no-fault grounds for divorce. No-fault divorce means that you don’t have to prove that your spouse did anything wrong. In contrast, fault-based divorce requires proving that the other spouse committed a specific wrongful act like adultery, cruelty, or abandonment.

Residency Requirements

Before filing for divorce in Tennessee, at least one spouse must have lived in the state for at least six months. Additionally, if children are involved, they must be residing in the state for at least six months before starting the divorce proceedings.

Waiting Period

Tennessee has a waiting period of 60 days before a divorce can be finalized. This waiting period can be waived with mutual consent.

Property Division

In Tennessee, property division is based on the principle of equitable distribution, which means that property is divided fairly but not necessarily equally between the spouses. The court considers various factors like the length of the marriage, the contributions of each spouse, their earning capacity, etc., to decide on the property division. This ensures that both spouses receive a fair share of the marital assets.

Child Custody and Support

Tennessee courts prioritize the best interests of the child when making custody and support decisions. The court orders may involve physical custody, legal custody, and a parenting plan. Child support is based on a specific formula that considers the incomes of both parents and the number of children. This helps ensure that the child’s needs are adequately met and that they have a stable and supportive environment.

What is Annulment?

Annulment is a legal procedure that invalidates a marriage, making it as though it never occurred. Unlike divorce, an annulment is a declaration that the marriage was never valid.

Grounds for Annulment in Tennessee

Tennessee recognizes several grounds for annulment, including:

• Bigamy – one spouse was already married to someone else.
• Underage Spouse – one or both spouses were under the age of eighteen and didn’t have parental consent to marry.
• Incest – The couple was too closely related to marry.
• Fraud – one spouse deceived the other into agreeing to the marriage.
• Impotence – one spouse was unable to consummate the marriage fully.
• Mental Incapacity – One spouse lacked the mental capacity to understand what they were doing.

Residency Requirements

The residency requirements for an annulment are the same as for a divorce. At least one spouse must have lived in Tennessee for at least six months before filing for an annulment.

Time Limit

In Tennessee, there is no specific time limit for filing an annulment, but the filing spouse must not have taken any action that suggests they accept the marriage as valid after discovering the grounds for annulment. It is important to act promptly once the grounds for annulment are discovered.

Property Division

Since an annulment is a declaration that the marriage never existed, property division is not an issue. Rather, each spouse retains the property they brought into the marriage. This can simplify the process and avoid disputes over property division.

Child Custody and Support

Since an annulment is a declaration that there was no valid marriage, child custody and support issues are handled similarly to divorce proceedings. The court will prioritize the best interests of the child and ensure that their needs are met through appropriate custody arrangements and support orders.

Conclusion

If you are considering ending your marriage in Tennessee, you now understand the significant differences between annulment and divorce. While both have legal implications, you should choose the one that best suits your circumstances. It is important to consult with an experienced family law attorney who can provide guidance and protect your rights throughout the process. They will help you navigate the complexities of the legal system and ensure that your interests are effectively represented.