Divorces are known for being complex, but the situation becomes even more daunting when one spouse is serving time behind bars. As a Tennessee resident, you might be wondering about the necessary steps to terminate your marriage under these circumstances. This article will provide you with a detailed roadmap to follow when seeking a divorce while your spouse is incarcerated.
Determining Tennessee Residency
Before initiating divorce proceedings in Tennessee, regardless of your spouse’s situation, it is imperative to establish your residency in the state. Validating that you have lived in Tennessee for at least six months is essential. If you meet this prerequisite, you can initiate the divorce process within your current county of residence or the county where your spouse is incarcerated.
Differentiating Grounds for Divorce
When it comes to divorce in Tennessee, there are two distinct grounds to consider: fault grounds and no-fault grounds. Fault grounds stem from the other spouse’s behavior, such as instances of adultery, desertion, or cruel treatment. In contrast, no-fault grounds allow for a divorce without requiring a specific reason, relying solely on the premise of irreconcilable differences.
While divorcing based on fault grounds might seem like an obvious choice when one partner is incarcerated, it is vital to remember that proving fault can be an intricate and costly process. In such cases, opting for a divorce based on irreconcilable differences is often a smoother route to pursue.
Initiating the Filing Process
After satisfying the residency requirement and determining your grounds for divorce, it is time to file the necessary paperwork. If your spouse is currently in jail or prison, you must serve them with the divorce papers. Tennessee law permits service of process through the Department of Correction.
To serve your spouse via the Department of Correction, you will need to send a copy of the divorce papers to the appropriate address. From there, the Department of Correction will handle the service on your behalf. It is important to keep in mind that serving an incarcerated spouse may take longer compared to serving a spouse who is not behind bars.
Default Judgment
Should your spouse fail to respond to the divorce papers, the court can issue a default judgement against them. This implies that the divorce proceedings will continue without their active involvement. However, if your spouse does respond to the divorce papers, the case will proceed like any other divorce proceeding.
Division of Property
One of the most significant aspects of any divorce is the equitable division of property. In Tennessee, property division is based on factors such as the length of the marriage, each spouse’s contributions, and their respective earning potential. Nevertheless, property division becomes more complicated when one spouse is incarcerated.
In cases involving an incarcerated spouse, their limited ability to participate in the property division process poses a challenge. Nevertheless, it does not negate their entitlement to a fair share of marital assets. The court may choose to delay the property division until your spouse is released or execute a provisional division of property as part of the divorce decree.
Child Custody and Support
Child custody and support are significant elements of divorce proceedings when a couple shares children. Tennessee law mandates that custody decisions be made in the best interests of the child. However, when one parent is imprisoned, this determination becomes more complex.
The court evaluates various factors during the custody determination process, including the parent-child relationship, the child’s bond with their siblings, the child’s individual preferences, and each parent’s ability to provide for the child. If one parent is incarcerated, their parental rights may be restricted or terminated entirely.
Wrapping Up
Divorces are never simple, and the situation becomes even more intricate when one spouse is incarcerated. However, there are viable avenues you can take to obtain a divorce in Tennessee despite your spouse’s current incarceration. If you are contemplating divorce, it is crucial to seek guidance from a seasoned family law attorney who can assist you throughout the process and ensure that your rights and interests are safeguarded.