Three things to know about legal separation in Tennessee

Legal separation in Tennessee is like a divorce without the divorce

Instead of legally dissolving their marriage, a couple can choose to be legally separated where they live apart but still retain some of the benefits of marriage. This can be done for a variety of reasons, such as religious, financial or personal.

What does it mean to be legally separated?

There is one key difference between being separated and divorced: if separated, the couple is still married but, with a divorce, the couple is no longer married. In a legal separation, spouses still divide their assets and liabilities, provide spousal support and share custody of their children. But technically they remain married in the eyes of the law.

Spouses can retain health care and other benefits, like decision-making as next of kin and property rights while legally separated. Taxes may not be filed jointly, but spousal support might be a deductible expense. It’s also easier to reconcile after being legally separated.

Can you date while legally separated?

Because a couple remains legally married, neither party can date or marry anyone else. Simply put, dating represents infidelity.

Doing so may be considered adultery under Tennessee state law, which is grounds for divorce. Having sexual relations with someone other than your spouse is illegal in Tennessee and grounds for divorce. Even if a spouse doesn’t commit adultery, dating can still be considered “marital misconduct.”

Further, it can strain the relationship between the separated couple, making the resulting divorce proceedings more acrimonious.

How much does a legal separation cost?

A legal separation often costs as much as an actual divorce and takes just as long. The divorce process takes between eight and 10 months to complete and costs vary from expensive to very expensive. Becoming legally separated can take just as long because a getting separated uses the same court processes as getting divorced.

Couples still must make the same decisions, like agreeing on spousal support, child support and parenting plans. Because it involves the same process, either party to the separation can convert it to a divorce with the other’s consent after two years.  Any decisions not made during the separation will have to be completed before a divorce can be finalized. 

 

If you’re trying to understand the laws regarding divorce in Tennessee and need legal counsel, contact the Law Office of Michael Craig for any questions or to discuss first steps.