cross state divorce

[helper]

My friends wife asked him to leave the home after 16 yrs of marriage saying I just need space and time with him having noplace or family in tenn. he went home to family in NY believing they could work it out she works with the courts in tenn. and knows the judges and lawyers in and around most of the counties there and has as of last night told him she filed for a no fault divorce she told him he could have the kids for the summer but told him last night she was filing for sole custody unless he signed the divocre papers where does he go now believing that he would someday go home if he abided by her wishes as of this time no papers for custody or divorce have been filed that we are aware of

 

[army judge]

My friends wife asked him to leave the home after 16 yrs of marriage saying I just need space and time with him having noplace or family in tenn. he went home to family in NY believing they could work it out she works with the courts in tenn. and knows the judges and lawyers in and around most of the counties there and has as of last night told him she filed for a no fault divorce she told him he could have the kids for the summer but told him last night she was filing for sole custody unless he signed the divocre papers where does he go now believing that he would someday go home if he abided by her wishes as of this time no papers for custody or divorce have been filed that we are aware of

He should have never left the home.
They are still married.
He would be wise to return to his home.
He should do that ASAP.
He has as much right to be in the home as she does.
If there is a divorce, the court will decide custody.
They are both equal in the law's eyes.
When he returns, he should speak with a lawyer.
But, he should get back HOME ASAP!
Then he should stay there.
Only a judge can order him out, and if there's no violence, that isn't going to happen.




Grounds for Filing: The Petition for Divorce must declare the appropriate Tennessee grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the Tennessee court upon the following grounds:

No-Fault:
(1) irreconcilable differences if: [a] there has been no denial of this ground; B--- the spouses submit a properly signed marital dissolution agreement (see below under Simplified or Special Divorce Procedures); or [c] this grounds for divorce is combined with a general fault-based grounds or (2) living separate and apart without cohabitation for 2 years when there are no minor children.

Fault:
(1) impotence; (2) adultery; (3) conviction of a felony and imprisonment; (4) alcoholism and/or drug addiction; (5) wife is pregnant by another at the time of marriage without husband's knowledge; (6) willful desertion for 1 year; (7) bigamy; (8) endangering the life of the spouse; (9) conviction of an infamous crime; (10) refusing to move to Tennessee with a spouse and willfully absenting oneself from a new residence for 2 years; (11) cruel and inhuman treatment or unsafe and improper marital conduct; (12) indignities that make the spouse's life intolerable; and (13) abandonment, neglect, or banning the spouse from the home. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-101 and 36-4-103)


Property Distribution: Since Tennessee is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

If the parties cannot stipulate to a property settlement, the court will distinguish between what is to be considered separate and marital property. Separate property will consist of the following: (1) acquired prior to marriage; (2) by gift or inheritance; (3) in exchange for any separate property, or (4) obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation. The marital property will consist of the following: (1) any property acquired during the marriage by either spouse; (2) any increase in value of any property to which the spouses contributed to the upkeep and appreciation; and (3) any retirement benefits.

The marital property is divided by the court, without regard to any marital fault, and after a consideration of the following factors: (1) the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent; (2) the value of each spouse's property at the time of the marriage and at present; (3) the economic circumstances of each spouse at the time the division of property is to become effective; (4) the length of the marriage; (5) the age and health of the spouses; (6) the vocational skills of the spouses; (7) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (8) the Federal Income Tax consequences of the court's division of the property; (9) the present and potential earning capability of each spouse; (10) the tangible and intangible contributions made by 1 spouse to the education, training, or increased earning power of the other spouse; (11) the relative ability of each party for the future acquisition of capital and income; (12) the employability and earning capacity of the spouses; (13) any social security benefits; and (14) any other factors necessary to do equity and justice between the spouses. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-121)

http://www.divorcesource.com/info/divorcelaws/tennessee.shtml