Since same sex marriages have now been given the green signal by the US Supreme Court, divorces too are a natural progression. According to a report by timesfreepress.com, the Tennessee Court of Appeals has ruled that a same sex couple has the right to divorce in Tennessee. The Roane County couple, Frederick Michael Borman and Larry Kevin Pyles-Borman wed in Iowa and can now legally terminate their marriage in Tennessee.
According to Tennessee divorce attorneys, the Court of Appeals Appellate Judge D. Michael Swiney cited the opinion of Obergefell v. Hodges in which the state cannot refuse to recognize same sex marriage licenses issued in another state. Earlier, Circuit Court Judge Russell E. Simmons Jr. had rejected the couple’s right to divorce. The Borman couple’s divorce is said to be the first in Tennessee.
For the most part, the US Supreme Court ruling on same sex marriages effectively struck down Tennessee’s ‘anti recognition laws’. The Bormans’ appeal was on hold pending the Supreme Court decision.
More divorce cases now
There is no doubt that Tennessee divorce attorneys have now plenty of modifications to make to legal paperwork since divorce laws now turn gender-neutral. Earlier, same sex couples who moved to Tennessee and later wanted to divorce, had no legal grounds to do so and many people believe that should be the case since a gay marriage is immoral and unnatural. Child custody and surrogacy contracts are issues which are likely to be more prominent in the state while an increase in prenuptial agreements is imminent.
Grounds for divorce in Tennessee
For straight couples, divorce laws in the state have never been too complex in most cases. The state has two types of divorces, uncontested (no fault), and contested (fault). The former is usually based on grounds of irreconcilable differences where both spouses agree to terminate their marriage. On the other hand, the filing spouse must provide a ground for divorce in an uncontested divorce.
Some of the grounds are and not limited to, adultery, separated for two years without minor children, willful desertion, felony conviction, inappropriate marital conduct, and impotency and sterility. It is important to understand that the spouse seeking divorce must prove grounds in a contested divorce. It is also important to hire an all pro divorce lawyer who can be found on the sterling website USAttorneys.com.
Division of property and assets
In case of property distribution, spouses must be aware that Tennessee follows the law of ‘equitable distribution’, where marital property is divided equitably and not necessarily equally. The court will determine a fair division on property and debt issues, and identify what property is to be considered separate and marital property. In most cases, property acquired prior to marriage is considered as separate property while any property procured during the marriage by either spouse consists of marital property, which includes retirement benefits as well.
In terms of spousal support, each case is decided depending on various factors and as agreed on by the parties or at the discretion of the court that may award temporary or permanent support.
Divorce could get more complicated and complex when there are issues of child support and child custody. Therefore, if you are contemplating divorce it is strongly recommended that you get in touch with a divorce attorney well experienced in family law. A divorce can have an impact on various areas of life and that includes finances, parenting, and your professional life as well. A Tennessee divorce attorney can help you fully understand your rights and obligations.