FAQs

1. What are the grounds for a contested divorce?
2. What factors affect alimony?
3. How is Primary Resident Placement of children determined?
4. How does the court determine property division after a divorce?
5. Do I need a lawyer if I am arrested for a crime?
6. How long do I have to file a lawsuit in Tennessee?
7. How should victims first respond when involved in a car or motorcycle wreck?
8. What financial compensation can I recover in a Tennessee personal injury claim?

1. What are the grounds for a contested divorce?
   • Adultery
   • Habitual drunkenness or abuse of narcotic drugs that has worsened since the marriage
   • Living separately and apart for two years with no minor children
   • Willful or malicious desertion for one full year without a reasonable cause
   • Conviction of a felony and sentencing to the penitentiary or conviction of an infamous crime
   • Pregnancy of the wife by another before the marriage without the husband's knowledge
   • Willful refusal to move to Tennessee with your spouse and living apart for two years
   • Malicious attempt upon the life of the other
   • Lack of reconciliation for two years after the entry of a decree of separate maintenance
   • Impotency and sterility
   • Bigamy
   • Cruel and inhuman treatment (which may also be referred to as "inappropriate marital conduct")
   • Indignities offered by one spouse to the other
   • Abandonment of the wife in which the husband refuses or neglects to provide for her

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2. What factors affect alimony?

   Alimony is based on the relative needs and resources of the parties. The legislature set out criteria for the court to consider and they include the following:

   • Relative earning capacity, needs and obligations, this includes income from pension, profit sharing and all sources
   • Education and ability of the parties, as well as opportunities for additional education
   • Length of the marriage
   • Age, physical, and mental condition of the two parties
   • Whether or not one of the parties should stay at home with the children of the parties instead of working
   • Separate property a person has
   • Marital property a person gets
   • Standard of living the parties enjoyed during the marriage
   • Tangible and intangible contributions of a homemaker and the tangible and intangible contributions of one party to the education, training, or increased earning power or the other party
   • Fault of one of the parties
   • Tax consequences

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3. How is Primary Resident Placement of children determined?

   The criteria are set out in a statute, § 36-6-106. They include the following:

   • The love, affection, and emotional ties existing between the parents and child
   • The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
   • The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment
   • The stability of the family unit of the parents
   • The mental and physical health of the parents;
   • The home, school and community record of the child
   • The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children
   • Evidence of physical or emotional abuse to the child, to the other parent or to any other person
   • The character and behavior of any other person who resides in or frequents the home of a parent and such a person's interactions with the child
   • Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child

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4. How does the court determine property division after a divorce?

   To determine who gets what marital property, the court will consider:

   • Length of the marriage
   • Age, health, skills, and abilities of the parties
   • Contribution to the education or to the earning power of the other
   • Relative ability of the parties to acquire property in the future
   • Contribution to the value of the marital property or the separate property
   • Amount of separate property owned by each spouse
   • Premarital property and post marital property
   • Financial conditions of each party
   • Tax consequences
   • Social Security benefits
   • Allowing the custodian and children to continue to live in the home permanently or for a period of time (most often until remarriage of the custodian or until the children turn eighteen)

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5. Do I need a lawyer if I am arrested for a crime?

   Yes. You need an experienced lawyer to know where to spend resources and time. A good legal defense begins with a good preliminary hearing, and discovering facts through bond and suppression hearings. Being prepared is key for any case.

   You have a Constitutional right to represent yourself. However, the prosecuting attorney is a lawyer that underwent years of education, practice, and continuing legal education. The average citizens are unable to adequately represent themselves in a criminal case.

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6. How long do I have to file a lawsuit in Tennessee?

   You have one year from the date of the injury to get your suit filed in a negligence case in Tennessee.

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7. How should victims first respond when involved in a car or motorcycle wreck?
   • Always leave your vehicle exactly where it came to rest after the accident.
   • Get information from the person who hit you, such as name, address, phone number, and insurance company with its phone number.
   • Always request an ambulance or have someone transport you to an emergency room whether you feel that you are injured or not. The adrenaline you experience after a car or motorcycle accident often masks any pain for several hours.
   • Report or have someone report the accident to your insurance company within 24 to 48 hours of the accident.
   • Contact your primary care provider, specialist, or emergency room referral as soon as possible for follow-up depending on what the emergency physician recommends.
   • Contact a qualified personal injury lawyer if you are unsure of your legal rights concerning the accident
   • Do not sign statements to either your insurer or the other parties insurer until you have consulted over and explored all options.

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8. What financial compensation can I recover in a Tennessee personal injury claim?

   Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

   • Medical bills
   • Lost wages, including overtime, loss of vacation time and comp time
   • Pain and suffering
   • Physical and mental disability
   • Disfigurement or scarring
   • Emotional trauma
   • Mental disability
   • Property damage

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