According to state divorce attorneys, Tennessee hardly ever refuses a divorce by citing an annulment of a marriage since it is not recognized by the state even though it is provided with plenty of opportunities to do so. The last time a marriage was not recognized by a Tennessee family court was back in 1970 according to official court documents.
As per a report in The Tennessean, the judicial system in the State generally follows a basic principle of recognizing a marriage no matter where it was licensed. However, like all other states, they eagerly await the Supreme Court’s ruling regarding legalization and recognition of same-sex marriages.
Supreme Court Ruling on same sex marriages expected soon
If the Supreme Court rules that banning same-sex marriage is unconstitutional then Tennessee is going to have to abide by the verdict like all other states and start legally licensing same-sex marriages and if not that they will at least be required to recognize same-sex marriages that were licensed elsewhere.
As aforementioned, the last time a marriage was considered annulled was a peculiar case where a couple who were married and had five children together had gotten divorced and after the divorce, a daughter from the mother’s first marriage had married her step-father.
Tennessee is in decision mode
Apart from the above exception, the only time Tennessee family courts do not recognize marriages is when the union is somehow in violation of state law and pre 1967 when interracial marriages was illegal.
At the moment, the minimum legal age to get hitched in Tennessee is 16 and same-sex marriages are banned but that may change very soon depending on the ruling of the Supreme Court.A happy gay couple holding hands watching the sunset on the beach – they will not be happy when they are in divorce mode though. Getting divorced is stressful.
An experienced divorce attorney based in the state commented on the issue saying he had never once seen the state decline a divorce as they did not recognize the marriage in all his 28 years of working as a family lawyer.
Former Senator Robert Mellow’s wife does not get her way in divorce case
Former Senator Robert Mellow’s wife had appealed the decision of a Luzerne County judge in a legal malpractice case. As reported in The Times Tribune, her appeal was turned down by a higher State Appellate Court.
Diane Mellow alleged that her attorney was guilty of professional negligence as he was unable to evaluate the monetary value of a joint property that she and her ex-husband owned. According to Diane, this short coming of her divorce attorney caused her to lose out on a lot financially.
She further alleged that her attorney was influenced by her former husband’s political prowess and had succumbed under his pressure and had intentionally undervalued the property as per his demands.
The attorney in question, however, flatly denied these allegations and said that he had never once met Robert Mellow in his entire life. He further defended himself by saying he had gotten a clean and fair settlement for his client. And if you want outstanding representation as well then you should investigate the site USAttorneys.com which has a list of local attorneys and others ready to go to battle for you if your case has merit.
Diane Mellow still maintains that the whole legal process proceeded with a slight bias towards her politically strong ex-husband.