Every marriage faces challenges, but when those difficulties feel insurmountable, couples may find themselves considering a major decision about the future of their relationship. In Tennessee, there are two primary legal options for spouses who no longer wish to be together: divorce and legal separation.
Although these processes may appear similar at first glance, they serve very different purposes and lead to distinct legal outcomes. A divorce completely ends a marriage, while a legal separation allows spouses to live apart and formalize their responsibilities without dissolving the marriage. Understanding these differences can help you decide which path best is most compatible with your family’s circumstances, goals, and values.
Before making a final decision, however, it is crucial to discuss your options with an experienced divorce attorney to consider the potential emotional and financial impact on everyone involved.
Divorce vs. Separation: Key Legal Differences
If you are contemplating a divorce, you must first learn the legal distinction between a divorce and separation. Both divorce and legal separation in Tennessee start with one spouse filing a petition in family court. From there, both processes require the resolution of similar issues before a final court order can be entered. These issues typically include:
- Division of marital property and debts
- Child custody and visitation arrangements
- Child support
- Spousal support (alimony)
The key distinction between the two lies in what happens to your marital status at the end of the process. In a divorce, the marriage will be officially terminated, restoring each party to single status, and granting them the legal right to remarry. In a legal separation, however, the parties remain married under the eyes of the law. After the court finalizes a legal separation, the couple remains married but lives separately under a formal agreement that defines financial, property, and custody obligations.
In both cases, the court will issue legally binding orders that protect the rights and responsibilities of each spouse, but only divorce severs the marital relationship entirely.
Legal Separation as an Alternative to Divorce
Couples may opt for legal separation rather than divorce for a variety of personal, religious, or even financial reasons. Some spouses prefer to live apart while maintaining their legal marriage to preserve health insurance benefits, military privileges, or tax advantages. Others may choose separation as a temporary step to keep their lives and finances separate while still contemplating if reconciliation is possible.
Under Tennessee law, couples can pursue divorce on either fault-based or no-fault grounds. Unlike some states, Tennessee does not require a specific time period of separation before filing for divorce. However, there is an option for couples to seek a no-fault divorce following a two-year separation period. To use this ground, the spouses must have lived apart for at least two years without cohabitation and must not share any minor children together. In such situations, a legal separation can serve as a necessary step toward obtaining a no-fault divorce, particularly if one spouse does not agree that the marriage has suffered irreconcilable differences (no fault divorce.)
The Role of Mediation in Divorce and Separation Cases
Regardless of which option you pursue, resolving disputes amicably is almost always in everyone’s best interest. Tennessee family courts encourage spouses to first try to settle their matters through mediation rather than litigation. By working cooperatively couples are able to maintain more control over critical decisions, such as parenting schedules and asset division, instead of leaving those matters entirely up to a third-party judge.
It is essential to work closely with a Tennessee family law attorney throughout the process. A knowledgeable attorney can help you understand your rights, negotiate fair terms, and protect your financial and parental interests.
Contact J. Ryan Johnson Law for Tennessee Family Law Representation
If you are contemplating a legal separation or divorce, then having the right Tennessee family law attorney can make all the difference as you navigate this difficult transition. At J. Ryan Johnson Law, we work with clients every day to help them get organized and file for divorce or legal separation with clarity and confidence. Contact us today to learn how we can help you determine the best legal option for your family.
