What Are Tennessee Divorce Laws?

Are you wondering where Tennessee family lawyers go to get the most current legal information about separate maintenance, annulment, divorce, child custody, support, and all those other important domestic relations issues?

Understand, first, that attorneys love their law libraries. Most family law firms have modest libraries to house essential collections on Tennessee law and practice, the volumes they utilize almost daily.

To make complicated research tasks faster and easier, many divorce lawyers subscribe to online legal research services, such as Westlaw or LexisNexis, which also offer public records data.

Cecil Humphreys School of Law,
University of Memphis, TN

Lawyers routinely visit the large collections found at nearby law schools, such as the Cecil C. Humphreys School of Law library at the University of Memphis. Experienced attorneys use many research techniques that allow them to tap into legal publications, court opinions, public records, pending legislation, rule changes, and so on. Much of this information is readily available to the general public, too.

Tennessee’s statutes and rules are available for viewing on the internet, for free. Any spouse, parent, or family friend can set aside a few afternoons to conduct basic internet research at home or at the local public library.

To make the best use of time and resources, prepare a list of questions that need answering. (For example, “Is habitual drunkenness a ground for divorce in Tennessee?” “Can child support be increased?” or “What is transitional alimony for?”). Stay on track. It is very easy to get distracted in what may seem to be a sea of statutes, cases, and court rules.

Tennessee Statutes, Cases and Court Rules

1. Tennessee Divorce and Family Law Statutes

This is a great place to start. Read up on the important statutes governing Tennessee divorce in general. These are the substantive laws at the heart of every legal matter. Look to the Tennessee General Divorce and Family Law Statutes | MemphisDivorce.com. Further research may involve examination of specific statutory provisions which can be accessed through the State of Tennessee’s official website.

2. Tennessee Case Law

Divorce lawyers in all jurisdictions must stay abreast of proposed legislation and new statutes, as well as court interpretations of the laws that are already on the books. Like statutes, Tennessee case law is considered to be a primary authority on what the law is. Perhaps because cases are less accessible, case law research is often overlooked by individual’s representing themselves in a divorce.

Here are a few case law research tips that may be helpful. One free resource is findlaw.com, which provides limited public access to Tennessee Supreme Court and Court of Appeals opinions, along with federal court opinions for the Sixth Circuit. Many Tennessee published cases can be found at law.justia.com as well. Of course, a researcher can always visit the nearest law library at a public university such as UM.

3. Tennessee Court Rules

There are procedural rules for every Tennessee court proceeding. Cases involving divorce, paternity establishment, and child support, along with other family law concerns, are all civil lawsuits requiring application of the Tennessee Rules of Civil Procedure. To accompany every lawsuit, there are specific Rules of Evidence governing the form and admissibility of documents, testimony, and other information in court. Lastly, every court expects the litigants, or parties, to know and comply with the Local Rules of Practice applicable in that judicial district.

When considering divorce, allow time to educate yourself about the laws surrounding the issues in your case. Be thoughtful about your circumstances. If you have children, then read up on the law of child custody, visitation, and child support. Learn about the four different forms of alimony and how property is divided. There is much to know. Seemingly minor mistakes, oversights, and misunderstandings have the potential to be very costly, dogging the parties long after the divorce is over. Always seek competent legal advice when you have a question about the law and how it could impact your family law case.

Talk to a Family Lawyer in Memphis TN

Memphis divorce attorney, Miles Mason, Sr., practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Check out The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, available on Amazon and Kindle. To schedule your confidential consultation, call us today at (901) 683-1850.