Separation vs. Divorce in Tennessee: Which Is Right for You?
Unfortunately, we can’t answer those questions directly for you. However, we can offer legal insight to help you make a more informed choice. Continue reading to learn more about the differences between divorce and separation in Tennessee.
What are the differences between divorce and separation?
A divorce legally ends a marriage. Both partners are considered single once the divorce is finalized and legally allowed to remarry. Courts divide marital property, debts, custody responsibilities, and financial obligations during a divorce.
Tennessee handles legal separation differently from many other states. Under Tennessee law (Tenn. Code Ann. § 36-4-102), spouses may seek a court-ordered legal separation without fully ending the marriage. Partners remain legally married during a legal separation and cannot remarry. In some cases, a legal separation can later be converted into a divorce proceeding.
Partners typically live apart during a legal separation. There may be court orders addressing issues such as parenting plans, support, alimony and property-related matters while the parties remain legally married.
There are advantages and disadvantages to both paths: divorce and legal separation. We’ve outlined more below. If you are uncertain which is the better option, we recommend you speak to an attorney to learn more about your legal options.
Separation vs. divorce: pros and cons
Divorce and separation both have pros and cons. We’ve listed some of the most important ones below:
Separation pros:
Some of the advantages of a separation include:
- The separation pauses the relationship, allowing both parties to reflect and work on themselves.
- Giving the partners some space may help them approach their challenges calmly and with more open communication.
- Taking time may avoid immediately finalizing a divorce while allowing spouses to address important legal issues.
- Reconciliation may be simpler if parties separate rather than divorce.
- Insurance and other benefits may or may not change (depending on the employer’s plan and the couple’s legal status).
- The parties’ tax benefits may or may not change, depending on the specific circumstances and IRS rules.
It’s important to not only weigh the pros and cons, but also the long-term implications. If there is any hope of a reconciliation, a legal separation may be the best option.
Separation cons:
Some separation cons include:
- One or both parties may not do the work needed to resolve their marital issues.
- A legal separation may leave one or both parties stuck in an emotional cycle.
- May be time-consuming and emotionally taxing, like a divorce.
- Because spouses remain legally married during a legal separation, relationships with others may potentially raise adultery-related issues under Tennessee law.
We encourage anyone with questions about legal separation to speak to an attorney.
Divorce pros:
Some pros of divorce include:
- The relationship is legally dissolved.
- The finality of divorce typically provides peace.
- Partners are free to remarry if they wish.
Divorce is the best option for some couples. However, it’s important to consider all options and speak to an attorney if there are any doubts.
Divorce cons:
Cons of divorce may be:
- Divorces may become very costly.
- There tends to be high emotions during a divorce, which can be exhausting.
- A change in marital status may impact healthcare for one party.
- Emotional issues may ripple to other parties, such as children or extended family members.
- Potential tax implications.
We recommend that anyone considering divorce reach out to a divorce attorney to learn more.
Legal separation vs. divorce in Tennessee FAQs:
Many people have questions about legally separated vs. divorced in Tennessee. We’ve answered the top questions below:
Should I get a divorce?
No one but you and your partner can answer this question. Marriages don’t start with the thought of a potential future divorce. We understand it can be a daunting, difficult time. Speaking to a divorce attorney can help you understand your legal options to make a more informed decision.
Can you be legally separated and live in the same house?
Some couples can be legally separated but choose to live together, while other couples choose to live separately. In some situations, continued cohabitation may complicate factual issues related to the separation.
Will I have to pay alimony?
Alimony decisions are fact-specific. Anyone with alimony questions is encouraged to speak to an experienced attorney to understand their legal options.
Can I date while legally separated?
With a legal separation, the partners are still legally married. Dating while separated could potentially cause tension between partners. Some courts also review dating activities when making decisions about child custody if it impacts their well-being.
What happens to finances during separation?
It depends on the situation. Some legally separated individuals can still get financial protections. It’s encouraged that anyone wondering about this speak to an experienced attorney to understand their specific legal options.
What happens to child custody during separation?
Whether choosing separation or divorce, if there are children involved, they are prioritized. In Tennessee, parents are required to submit a detailed parenting plan that outlines how situations will be handled. This includes holidays, birthdays, parenting time, decision-making authority, and living arrangements. An experienced divorce lawyer helps clients to create these parenting plans and ensure the children’s best interests are considered.
Do I really need a divorce lawyer?
You may or may not. No one but you can make that decision. Many attorneys, including Adrian H. Altshuler & Associates, offer no-obligation consultations. We recommend you speak to one to learn more about your legal options.
How can a divorce attorney in Tennessee help me?
A divorce attorney manages legal deadlines, files paperwork, and offers dedicated support. Attorneys offer insight into child custody, financial and asset division, and the difference between divorce and separation. If you are curious about how a divorce attorney can help you personally, we recommend you speak to one near you as soon as possible.
Contact Adrian H. Altshuler & Associates for a confidential consultation
Now that you understand the difference between separation and divorce, you may be wondering how to choose the best option. There are many pros and cons to consider, along with how financial, property and parenting issues may be handled. If you are struggling to decide the best option, we encourage you to reach out. Contact Adrian H. Altshuler & Associates for a confidential consultation.