Major disputes between divorcing parties typically involve the division of property between divorcing parties, alimony and the matter of who is to be designated the primary residential parent of any minor children.

In Tennessee, there are two types of property: marital property and separate property. Separate property is considered any property that was gifted or inherited during the marriage. Marital property is any property that was acquired during the marriage. The Court will divide marital property “equitably” – which does not necessarily mean equally. The court uses a number of different factors when dividing marital property equitably.

Alimony in Tennessee is based on need and the ability to pay. There are four types of alimony in Tennessee: Rehabilitative alimony, transitional alimony, alimony in solido and alimony in futuro. The court also uses a number of factors to determine whether one party will be awarded any alimony in a divorce. 

Custody

The determination of what parent will be the primary residential parent is often the most contested part of any divorce proceeding.

The determination of who will be designated as the primary residential parent of any minor children is always based on what is in the best interest of the children. The court uses a list of statutory considerations to make that determination.