Knowing Your Options: Legal Separation vs. Divorce

In Tennessee, couples have two options: divorce or legal separation. Which option is best? The decision between divorce and legal separation depends on your personal situation.

In a divorce, all marital rights are terminated. A divorce is only declared on grounds or irreconcilable differences (known as no-fault divorce). There are many grounds available including:

• Abandonment
• Incarceration for a felony conviction
• Adultery
• Cruel and inhuman treatment rendering cohabitation unsafe or improper

A divorce is granted on irreconcilable differences when the parties have agreed to the terms of divorce in writing. This is the most common form of divorce in Tennessee.

Legal separation simply permits couples to cease cohabitation. A Complaint for Legal Separation can be filed on the same grounds as divorce. The court grants a legal separation unless the other party objects to the grounds. Under a legal separation, a couple is still legally married. As such, a married couple may still utilize dependent spouse insurance coverage, as well as marital rights that arise in the event of death or disability. Often, couples who wish to take advantage of insurance coverage or other marital benefits, but who do not wish to cohabitate, choose to legally separate. Under a legal separation, however, neither party can remarry until there has been a final divorce decree.

Much like a divorce, couples in a legal separation divide assets and debts, establish support payments, and agree to child custody and parenting arrangements. Once a separation agreement has been in force for two years, a couple may submit the arrangement to the court for a final divorce decree without any other grounds.

The decision to end a marriage can have many consequences. Make sure you consider your options before choosing between a legal separation and divorce.