What Is a Separation Agreement in Tennessee?
During a legal separation, the parties can address important issues such as property division, child custody, child support, and spousal support. In this blog, we’ll explain what a legal separation is, how it works in Tennessee, and answer some common questions.
Do you need a legal separation? Contact Adrian H. Altshuler & Associates to request a free consultation.
What is a separation agreement?
A legal separation agreement is a formal legal document that outlines the terms for a couple to remain legally married while living separately. It includes assets, debts, support, and a parenting plan, if relevant.
Separation agreements may proactively address potential conflicts by introducing mutual agreements for future situations. Many legal separation agreements act as roadmaps for future divorce decrees.
How does a separation agreement work in Tennessee?
In Tennessee, there are a few steps that must be taken to complete a separation agreement, including:
File a petition
The first step is to file a petition with the appropriate court. This petition must include the grounds for legal separation. There are several grounds for divorce and legal separation in Tennessee. The state also recognizes a no-fault system for irreconcilable differences.
Anyone who has questions or concerns about filing a legal separation petition is encouraged to speak to an attorney about their legal options.
Serve the spouse
Once the petition has been filed, the spouse must be legally served. They are then allowed to respond.
Negotiate the agreement
Tennessee divorce cases involving irreconcilable differences have mandatory waiting periods of 60 days (without children) or 90 days (with minor children). Legal separation cases may involve similar procedural timelines depending on the circumstances. During this time, it is encouraged that both parties come together to negotiate an agreement.
The agreement should include all requirements, including assets, debts, custody, support, and living arrangements. We’ll detail the elements in the next section.
What’s included in a marital separation agreement?
A legal separation agreement should be as detailed as possible to avoid future challenges. The following elements are typically included:
Assets
A division of assets is usually included in a separation agreement. This may include:
- Bank accounts
- Property
- Vehicles
- Investments
The agreement should specify who keeps which assets and how joint assets will be divided.
Debts
Like assets, debt division should also be included. Who is responsible for which debts? This typically includes mortgages, healthcare, and other types of loans.
Child custody
If children are involved, the agreement should outline details regarding their care. This may include:
- Living arrangements
- Visitation schedules
- Decision-making authority
- Child support
Child custody and support details should always be focused on the best interests of the children involved. Tennessee courts will also review parenting plans with the children’s well-being as the focus.
Spousal support
Spousal support is another component of a legal separation agreement. How much will be paid? How long will spousal support last? Spousal support is meant to ensure financial fairness during the separation.
Living arrangements
The living arrangements section of a separation agreement should outline who remains in the marital home, if anyone, and where the other party will live.
Separation Agreement FAQs
Separation agreements raise questions in the minds of many married couples. We’ve compiled some of the most asked questions and their answers below:
Is a separation agreement legally binding in Tennessee?
If the separation agreement includes all the necessary elements and is approved by the court, then yes, it is legally binding in Tennessee. It must follow Tennessee regulations and be structured fairly for both parties. A knowledgeable divorce attorney helps clients create separation agreements that meet the legal requirements.
How are separation agreements different from divorce decrees?
With a separation agreement, the couple is still legally married. This means neither party can enter into other marriages. A divorce decree legally dissolves a marriage. Both parties are free to marry others. They are both considered single in the eyes of the law.
Both legal separations and divorces have outlined agreements detailing assets, debts, child custody, and spousal support. A legal separation allows the couple to live apart while possibly having some advantages of marriage (insurance, taxes). Each case is unique, however, and the details vary by situation.
How does mediation come into play?
A complicated relationship may face more challenges when trying to write up a legal separation agreement. Mediation is a great way for couples to air grievances while avoiding complicated legal proceedings. In many contested Tennessee family-law cases, courts may require mediation unless an exception applies.
Many legal separation agreements are gateways to divorce decrees. In many instances, couples proceed with a divorce after time apart, so completing the mediation process is a big advantage. If both parties are already in agreement, the divorce typically goes much more smoothly and can be completed uncontested. Read more about uncontested divorce mediation.
Can I amend an existing separation agreement?
Life happens, and sometimes separation agreements need amendment. This is possible, but they do require mutual respect and open communication from both parties. Amendments also must be approved by the court. A divorce attorney helps clients to streamline this process by updating agreements in alignment with Tennessee laws.
How does a divorce attorney help clients?
Divorce attorneys advocate for their clients’ interests support them during this challenging time in their lives in the following ways:
- Draft legal agreements
- File documents with the courts within the appropriate deadlines
- Serve as a mediator or legal representative in court
- Protect their clients’ interests
We encourage you to reach out to an experienced attorney to learn more about legal separations.
Contact Adrian H. Altshuler & Associates for a free consultation
Couples considering a separation agreement in Tennessee do not have to navigate the legal process alone. Not only is it a tedious process with several layers, but it also comes with high emotions. A dedicated divorce attorney understands this and supports their clients throughout the situation.
At Adrian H. Altshuler & Associates, we offer free consultations. This lets us hear your unique story and provide personalized legal options. Contact us today to request your free consultation.