Virginia Divorce Laws

Residency Requirements for Divorce in Virginia
One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce. The divorce may be filed for in: (1) the county or city in which the spouses last lived together or (2) at the option of the plaintiff: [a] the county or city where the defendant resides, if the defendant is a resident of Virginia or [b] if the defendant is a non-resident of Virginia, the county or city where the plaintiff resides.

Legal Grounds for Divorce in Virginia

1. No Fault Divorce:
   1. Living separate and apart without cohabitation for 1 year (or)
   2. living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement
2. General Divorce:
   1. Adultery, including homosexual acts
   2. abandonment
   3. conviction of a felony and imprisonment for 1 year
   4. cruelty
   5. willful desertion

Legal Separation in Virginia
The grounds for legal separation are:

1. cruelty
2. willful desertion
3. abandonment
4. reasonable apprehension of bodily injury

One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for legal separation.

Simplified/Special Divorce Procedures in Virginia
Separation agreements are specifically authorized by statute and will reduce the time required for living apart by 6 months. In addition, a spouse may waive service of process, but the waiver of service of process form must be signed in front of the clerk of the court. The testimony of either spouse must also, generally, be corroborated by a witness.

Divorce Mediation in Virginia
There are no legal provisions in Virginia for divorce mediation.

Divorce Property Distribution
Virginia is an "equitable distribution" state. The separate property of each spouse, consisting of:

1. property acquired prior to the marriage
2. any gifts and inheritances
3. any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases
4. any property acquired in exchange for separate property; will be retained by the spouse who owns it

The marital property, consisting of:

1. all property acquired during the marriage that is not separate property
2. all property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties
3. income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts
4. any separate property which is commingled with marital property and cannot be clearly traced; will be divided equitably by the court

The court may also order a payment from 1 spouse's retirement benefits, profit-sharing benefits, personal injury award, or worker's compensation award, to the other spouse. The factors for consideration are:

1. the contribution of each spouse to the acquisition, care, and maintenance of the marital property
2. the liquid or non-liquid character of the property
3. the length of the marriage
4. the age and health of the spouses
5. the tax consequences
6. any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities
7. how and by whom the property was acquired
8. the circumstances that contributed to the divorce
9. the contributions, monetary and non-monetary, of each spouse to the well-being of the family
10. any other factor necessary to do equity and justice between the spouses

Alimony and Spousal Support
Either spouse may be awarded maintenance, to be paid in either a lump sum, periodic payments, or both. The factors for consideration are:

1. the opportunity, ability and time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity
2. the standard of living established during the marriage
3. the duration of the marriage
4. the financial resources of the spouses, including marital property apportioned to such spouse
5. the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. the tax consequences to each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. the educational level of each spouse at the time of the marriage and at the time the action for support is commenced
10. the property of the spouses
11. the circumstances which contributed to the divorce
12. the extent to which the age, condition, or circumstances of any child of the spouses makes it appropriate that the custodial spouse not seek outside employment
13. any income from pension, profit-sharing, or retirement plans
14. any contributions by either spouse to the well-being of the family
15. the earning capacity of the spouses, including the skills, education, and training of the spouses and their employment opportunities
16. any decisions made during the marriage regarding employment, career, education, and parenting that affected a spouse's earning potential, including the length of time absent from the job market
17. any other factor the court deems just and equitable

However, permanent maintenance will not be awarded to a spouse who was at fault in a divorce granted on the grounds of adultery, unless such a denial of support would be unjust.

Spouse's Name After Divorce
Upon request, a spouse may have his or her former name restored.

Child Custody After Divorce
Joint or sole child custody will be awarded based on the welfare of the child, and upon a consideration of the following factors:

1. the age of the child
2. the child's preference
3. the needs of the child
4. the love and affection existing between the child and each parent
5. the mental and physical health of all individuals involved
6. the material needs of the child
7. the role each parent has played in the care of the child
8. any other factors necessary for the best interests of the child

No preference is to be given to either parent.

Child Support After Divorce
Child support may be ordered to be paid by either parent, and is based on a consideration of the following factors:

1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the earning capacity of each parent
5. the age and health of the child
6. the division of marital property
7. the monetary or non-monetary contributions of the parents to the family's well-being
8. the education of the parents
9. the ability of the parents to secure education and training
10. the income tax consequences of child support
11. any special medical, dental, or childcare expenses
12. the obligations, needs, and financial resources of the parents
13. any other relevant factors

Official child support guide-lines are provided in the statute, which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case based on the factors above [(1) through (13)] and the following additional factors:

1. support provided for other children or family members
2. custody arrangements
3. voluntary unemployment or under-employment, unless it is the custodial parent and the child is not in school, childcare services are not available, and the cost of childcare services are not included in the computations for child support
4. debts incurred during the marriage for the benefit of the child
5. debts incurred for the purpose of producing income
6. direct court-ordered payments for health insurance or educational expenses of the child
7. any extraordinary capital gains, such as gains from the sale of the marital home

Vermont Divorce Laws

Residency Requirements for Divorce in Vermont
Either spouse must have been a resident of Vermont for at least 6 months before the divorce is filed. Additionally, either spouse must have been a resident for 1 year before the divorce is made final. In cases involving child custody, there is a 6-month waiting period after the defendant has been served with the divorce papers before a hearing will be held. The divorce may be filed for in any county where either or both of the spouses reside.

Legal Grounds for Divorce in Vermont

1. No Fault Divorce: Living separate and apart without cohabitation for 6 consecutive months and the resumption of marital relations is not reasonably probable.
2. General Divorce:
   1. Adultery
   2. imprisonment for 3 years or more or for life
   3. willful desertion for 7 years
   4. cruel and inhuman treatment of intolerable severity
   5. incurable mental illness
   6. gross neglect

Legal Separation in Vermont
The grounds for legal separation (divorce from bed and board) are:

1. living separate and apart without cohabitation for 6 months
2. adultery
3. imprisonment for 3 years or more or for life
4. willful desertion for 7 years
5. cruel and inhuman treatment of intolerable severity
6. incurable mental illness
7. gross neglect

Either spouse must be a resident of Vermont for 6 months before filing for legal separation.

Simplified/Special Divorce Procedures in Vermont
Standard forms for filing of the complaint or petition are available. There are no legal provisions in Vermont for simplified divorce procedures. In all divorce cases in Vermont, a hearing is required and oral testimony of witnesses is required. However, in cases involving children, the court may, without a hearing, accept the written agreement of the parents regarding the children. An official statistical data sheet must also be filed with the Complaint and a statement of income and assets must be filed.

Divorce Mediation in Vermont
If 1 of the spouses denies under oath that they have lived apart for the required period, the court may delay the proceedings for 30 to 60 days and suggest that the spouses seek counseling.

Divorce Property Distribution
Vermont is an "equitable distribution" state. All of the spouses' property is subject to being divided on an equitable basis, regardless of when it was acquired or how the title is held, including any gifts and inheritances. The factors to be considered are:

1. the contribution of each spouse to the acquisition of the property, including the contribution of each spouse as homemaker
2. the value of each spouse's property
3. the length of the marriage
4. the age and health of the spouses
5. the occupation of the spouses
6. the amount and sources of income of the spouses
7. the vocational skills of the spouses
8. the employability of the spouses
9. the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
10. whether the property award is instead of or in addition to maintenance
11. how and by whom the property was acquired
12. the merits of each spouse
13. the burdens imposed upon either spouse for the benefit of the children
14. any custodial provisions for the children, including the desirability of awarding the family home to the parent with custody of any children
15. the conduct of the spouses during the marriage
16. the contribution by 1 spouse to the education, training, or increased earning power of the other

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other, without regard to marital fault. The maintenance may be rehabilitative (temporary) or permanent and will be awarded if the court finds that the spouse seeking maintenance:

1. lacks sufficient income or property to provide for his or her reasonable needs
2. is unable to support himself or herself through appropriate employment at the standard of living established during the marriage and is the custodian of any children

The factors to be considered are:

1. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. the standard of living established during the marriage
3. the duration of the marriage
4. the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. the financial resources of the spouse seeking maintenance, including property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. the age of the spouses
7. the physical and emotional conditions of the spouses
8. the effects of inflation on the cost of living

The court may require security for any maintenance payments.

Spouse's Name After Divorce
A wife may resume the use of her former or maiden name upon divorce, unless a good cause is shown why she should not.

Child Custody After Divorce
Joint or sole child custody may be awarded based on the best interests of the child and upon a consideration of all relevant factors, including the following:

1. the wishes of the parents
2. the child's adjustment to his or her home, school, and community
3. the relationship of the child with parents, siblings, and other significant family members
4. the ability and disposition of each parent to provide love, affection, and guidance
5. the ability of each parent to provide food, clothing, medical care, other material needs, and a safe environment
6. the ability of each parent to meet the child's present and future developmental needs
7. the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact unless it will result in harm to the child or parent
8. the quality of the child's relationship with the primary care provider, given the child's age and development
9. the ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the children where parental rights and responsibilities are to be shared

Neither parent is assumed to have a superior right to have custody. No preference to be given because of parent's sex.

Child Support After Divorce
Either or both of the parents may be required to pay child support, based on a consideration of the following factors:

1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the non-custodial and the custodial parent
5. inflation with relation to the cost of living
6. the costs of any educational needs of either parent
7. any travel expenses related to parent-child contact
8. any other relevant factors

Health insurance coverage for the child may be ordered to be provided. The court may require security or wage withholding. Every order of child support must be made subject to a wage assignment in the event of delinquency and require the payments to be made to the registry in the Office of Child Support, unless the situation falls under an exception to the rules shown in Vermont Statutes Annotated; Title 33, Section 4103. There are official child support guidelines available from the Vermont Department of Human Services which are presumed to be correct, unless they are shown to be unfair under the circumstances. There is an official child support computation worksheet available.

Utah Divorce Laws

Residency Requirements for Divorce in Utah
The spouse filing for divorce must have been a resident of Utah (or a member of the Armed Forces stationed in Utah) and a resident for more than 3 months immediately prior to filing of the county where the divorce is filed. In addition, there is a 90-day waiting period after filing before a divorce will be granted.

Legal Grounds for Divorce in Utah

1. No Fault Divorce:
   1. Irreconcilable differences of the marriage or
   2. living separate and apart without cohabitation for 3 years under a judicial decree of separation
2. General Divorce:
   1. Impotence
   2. adultery
   3. conviction of a felony
   4. willful desertion for 1 year
   5. cruel and inhuman treatment
   6. willful neglect
   7. incurable insanity
   8. habitual intemperance (drunkenness)

Legal Separation in Utah
The grounds for legal separation are:

1. willful desertion
2. living separate and apart without cohabitation
3. gross neglect

The deserting spouse must be a resident of Utah, or own property in the state in which the deserted spouse lives.

Simplified/Special Divorce Procedures in Utah
Uncontested divorce hearings may be held before a court commissioner. However, a divorce cannot be granted upon default, and legal evidence and testimony must be taken in every divorce case. However, in a default case, the evidence may be contained in an affidavit of the petitioner. In addition, a sample Petition for Divorce is contained in Utah Rules of Civil Procedure, Appendix of Forms, Form #18. Finally, a financial verification form is also required in child support cases.

Divorce Mediation in Utah
There is a 90-day waiting period after filing for divorce before any hearing may be held. Upon the request of either or both of the spouses (shown by filing a Petition for Conciliation with the court), the court may refer both of the spouses to a domestic relations counselor. If child custody is involved, both parents must attend a course in the effects of divorce on children. This requirement may be waived if the court determines that it is unnecessary.

Divorce Property Distribution
Utah is an "equitable distribution" state. All of the spouse's property, including gifts, inheritances, and any property acquired prior to or during the marriage, will be divided equitably by the court. There are no factors for consideration specified in the statute.

Alimony and Spousal Support
Either spouse may be ordered to pay an equitable amount of alimony to the other. The following factors are to be considered:

1. the financial condition and needs of the recipient spouse
2. the recipient's earning capacity and ability to produce income
3. the ability of the paying spouse to provide support
4. the length of the marriage
5. the standard of living at the time of separation
6. any marital fault of the spouses
7. if the marriage has been of long duration and the marriage dissolves on the threshold of a major change in the income of 1 of the spouses
8. if 1 spouse's earning capacity has been greatly enhanced by the other's efforts
9. any other relevant factors

In general, the court will not award alimony for a period longer than the marriage existed. Alimony terminates upon remarriage or cohabitation with another person.

Spouse's Name After Divorce
There is no statutory provision in Utah for restoration of a wife's maiden name upon divorce. However, there is a general statutory provision for changing a name upon petition to the court.

Child Custody After Divorce
Joint or sole child custody is determined according to the best interests of the child and after a consideration of the following factors:

1. the past conduct and moral standards of the parents
2. the welfare of the child
3. the child's preference if the child is at least 12 years of age
4. which parent is likely to act in the best interests of the child
5. which parent is likely to allow frequent and continuing contact with the other parent

There is a presumption that a spouse who has been abandoned by the other spouse is entitled to custody of the children. If there is an allegation of child abuse by either spouse, the court must order an investigation by the Division of Family Services or the Utah Department of Human Services. Joint custody may be ordered if:

1. it will be in the best interests of the child and
2. both parents agree to joint custody; or
3. both parents appear capable of implementing joint custody

and it is based upon a consideration of the following factors:

1. whether the physical, psychological, or emotional needs and development of the child will benefit
2. the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interests
3. whether each parent can encourage and accept a positive relationship between the child and the other parent
4. whether both parents participated in child-rearing before the filing of the divorce
5. the geographical proximity of the homes of the parents
6. if the child is of sufficient age and maturity, the preference of the child
7. the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents
8. any other factor that the court finds relevant

The court may not discriminate against a parent with a disability when considering custody issues. The court may order that dispute resolution be attempted prior to any enforcement or modification of custody terms. There are also advisory visitation guidelines in the statutes.

Child Support After Divorce
Either or both parents may be ordered to provide child support, including medical and dental expenses and health insurance. The court may also order the non-custodial parent to provide daycare and childcare expenses while the custodial parent is at work or undergoing training. Income withholding may be ordered by a court to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Factors for consideration in awarding support amounts outside the guidelines are:

1. the standard of living and situation of the parties
2. the relative wealth and income of the parties
3. the earning abilities of the parents
4. the needs of the parents and the child
5. the ages of the parents and the child
6. the responsibilities of the parents for the support of others

A child support worksheet is contained in the statute. In addition, a financial verification form is also required.

Texas Divorce Laws

Residency Requirements for Divorce in Texas
One of the spouses must have resided in Texas for 6 months prior to filing and 90 days prior to filing in the county where the divorce is filed. In addition, there is a 60-day waiting period after filing before a divorce will be granted.

Legal Grounds for Divorce in Texas

1. No Fault Divorce:
   1. The marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation (or)
   2. living separate and apart without cohabitation for 3 years
2. General divorce:
   1. Adultery
   2. abandonment
   3. confinement for incurable insanity for 3 years
   4. conviction of a felony and imprisonment for over 1 year
   5. cruel and inhuman treatment

Legal Separation in Texas
Separation agreements are expressly authorized by statute.

Simplified/Special Divorce Procedures in Texas
Separation agreements and property settlements are expressly authorized, including agreements regarding conservatorship and child support provisions.

Divorce Mediation in Texas
It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court's own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor's report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling.

Divorce Property Distribution
Texas is a "community property" state. The spouse's separate property, consisting of:

1. any property owned prior to the marriage
2. any property acquired during the marriage by gift or inheritance
3. any recovery for personal injuries which occurred during the marriage, will be retained by the spouse who owns it

The "community" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. In addition, the court may divide property acquired by either spouse while residing outside of Texas which would have been community property if they had acquired it while residing in Texas. The only factors for consideration specified in the statute are a due regard for the rights of each party and any children. Any property possessed by either spouse during the marriage is presumed to be community property unless it can be shown that the property is actually separate property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.

Alimony and Spousal Support
The court may award maintenance for a spouse only if:

1. the spouse from whom maintenance is requested has been convicted of family violence within 2 years before the suit for dissolution or
2. the duration of the marriage was 10 years or longer and the spouse seeking maintenance:
   • lacks sufficient property to provide for his or her reasonable minimum needs
   • is unable to support himself or herself through employment because of an incapacitating physical or mental disability
   • is the custodian of a child who requires substantial care and supervision because of a physical or mental disability which makes it necessary that the spouse not be employed outside the home
   • clearly lacks earning ability in the labor market adequate to provide for the spouse's minimum reasonable needs

If the court determines that a spouse is eligible for maintenance, the following factors are then considered in the award:

1. the financial resources of the spouse seeking maintenance, including both separate and community property and liabilities
2. the spouse's ability to meet his or her needs independently
3. the education and employment skills of the spouses
4. the time necessary for the supported spouse to acquire sufficient training or education to enable him or her to find employment
5. the availability and feasibility of that training
6. the duration of the marriage
7. the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
8. the ability of the supporting spouse to meet their own needs and make any child support payments
9. excessive or abnormal expenditures, concealment, or destruction of any property by either spouse
10. the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and any separate property
11. the contribution of 1 spouse to the education, training, or increased earning power of the other spouse
12. the contribution of either spouse as homemaker
13. any marital misconduct of the spouse seeking maintenance
14. the efforts of the spouse seeking maintenance to seek employment counseling
15. any property brought to the marriage

The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse's monthly gross income.

Spouse's Name After Divorce
Upon request, the name of either spouse may be changed.

Child Custody After Divorce
Joint or sole managing conservatorship (custody) is determined according to the best interests of the child. The sex of the parents is not a factor for consideration. The wishes of the child may be considered. The factors to be considered in determining the terms and conditions for possession of a child by the possessory conservator (parent with visitation) are as follows:

1. the age, circumstances, needs, and best interests of the child
2. the circumstances of the parents
3. evidence of any spouse or child abuse
4. any other relevant factor

The factors specified in the statute for consideration in decisions regarding joint managing conservatorship are:

1. whether the physical, psychological, or emotional needs and development of the child will benefit
2. the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
3. whether each parent can encourage and accept a positive relationship between the child and the other parent
4. whether both parents participated in child rearing before the filing of the suit
5. the geographical proximity of the homes of the parents
6. if the child is 14 years old or older, the preference of the child
7. any other relevant factor

The court may not award joint managing conservatorship is there is any credible evidence of spousal or child abuse or neglect. Parents may file a written agreement with the court regarding joint managing conservatorship. The court will award joint managing conservatorship based on an agreement between the parents if the agreement: (1) establishes the county of residence of the child; (2) states the rights and duties of each parent regarding the child's present and future care, support, and education; (3) includes provisions to minimize disruption of the child's schooling, daily routine, and association with friends; (4) was entered into voluntarily and knowingly; and (5) is in the best interests of the child. In addition, there are standard terms for a court's order on a child's conservatorship set out in the statute that are presumed to be the minimum allowable time that the parent who is not awarded the primary physical residence of the child is to have the child.

Child Support After Divorce
Either or both parents may be ordered to make periodic, lump-sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child. The factors for consideration are:

1. the age and needs of the child
2. the ability of the parents to contribute to the support of the child
3. any financial resources available for the support of the child
4. the amount of possession and access to the child
5. the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed
6. any childcare expenses necessary for the employment of either parent
7. whether a parent has custody of another child and any child support expenses being paid or received for the care of another child
8. the amount of alimony being currently paid or received
9. provisions for health care
10. any educational or health care needs of the child, including college expenses
11. any benefits a parent receives from an employer
12. any debts or obligations of a parent
13. any wage or salary deductions of the parents
14. the cost of traveling to visit the child
15. any positive or negative cash flow from any assets, including a business or investments
16. any provisions for health care or insurance
17. any special or extraordinary educational, health care, or other expenses of the parents or the child
18. whether either parent has a car or housing furnished by an employer or other person or business
19. any other relevant factor

The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support.

Tennessee Divorce Laws

Residency Requirements for Divorce in Tennessee
The spouse seeking divorce must have been a resident of Tennessee when the grounds for divorce arose. If the grounds for divorce arose outside of Tennessee and the petitioner resided outside of Tennessee, either spouse must have been a resident for 6 months prior to filing. The divorce may be filed for in any of the following counties: (1) the county in which both spouses lived at the time of their separation; (2) the county in which the respondent lives if he or she is a resident of Tennessee; or (3) the county in which the petitioner lives if the respondent is a non-resident of Tennessee.

Legal Grounds for Divorce in Tennessee

1. No Fault Divorce:
   1. Irreconcilable differences if:
      • there has been no denial of this ground
      • the spouses submit a properly signed marital dissolution agreement
      • this grounds for divorce is combined with a general fault-based grounds
   2. living separate and apart without cohabitation for 2 years when there are no minor children
2. General Divorce:
   1. Impotence
   2. adultery
   3. conviction of a felony and imprisonment
   4. alcoholism or drug addiction
   5. wife is pregnant by another at the time of marriage without husband's knowledge
   6. willful desertion for 1 year
   7. bigamy
   8. endangering the life of the spouse
   9. conviction of an infamous crime
   10. refusing to move to Tennessee with a spouse and willfully absenting oneself from a new residence for 2 years
   11. cruel and inhuman treatment or unsafe and improper marital conduct
   12. indignities that make the spouse's life intolerable
   13. abandonment, neglect, or banning the spouse from the home

Legal Separation in Tennessee
The grounds for legal separation (divorce from bed and board) are the same as for a divorce. If the legal separation has been in effect for 2 years and the spouses have not reconciled, either spouse may request that the separation be converted to an absolute divorce.

Simplified/Special Divorce Procedures in Tennessee
If the divorce is based on irreconcilable differences, the spouses may enter into a notarized marital settlement agreement. The agreement must:

1. make specific reference to a pending divorce by the name of the court and the docket number (or)
2. state that the respondent is aware that a divorce will be filed for in the state of Tennessee (and)
3. state that the respondent waives service of process and waives filing an answer

The waiver of service will be valid for 120 days after the respondent signs the agreement and will constitute a general appearance by the respondent and give the court personal jurisdiction over the respondent and will constitute a default judgment. The petition for divorce must have been on file for over 60 days before a hearing will be held if the spouses have no minor children and 90 days if they have any minor children. The spouses must make adequate and sufficient provisions in their marital settlement agreement for the care and custody of any minor children and for an adequate settlement of their property. The spouses may also make provisions in their settlement for alimony. A final decree may be entered without any corroborating proof or testimony by the petitioner or respondent. If the respondent contests or denies that there are irreconcilable differences, a divorce may not be granted on those grounds, unless there is a valid marital settlement agreement. Some counties may require the respondent to sign any appearance and waiver form before the court clerk for it to be valid. In addition, in any petition for divorce, the wife's maiden name must be stated and the race and color of each spouse must be stated. Financial affidavits may also be required.

Divorce Mediation in Tennessee
Upon request, the court may delay a divorce proceeding to allow an attempt at reconciliation. In addition, in those cases which involve child custody considerations, the court may order either or both parents to an educational seminar concerning the effects of divorce on children.

Divorce Property Distribution
Tennessee is an "equitable distribution" state. The separate property of each spouse is retained by that spouse. Separate property is property that was:

1. acquired prior to marriage
2. by gift or inheritance
3. in exchange for any separate property
4. obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation

The marital property, including:

1. any property acquired during the marriage by either spouse
2. any increase in value of any property to which the spouses contributed to the upkeep and appreciation
3. any retirement benefits

is divided by the court, without regard to any marital fault, and after a consideration of the following factors:

1. the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent
2. the value of each spouse's property at the time of the marriage and at present
3. the economic circumstances of each spouse at the time the division of property is to become effective
4. the length of the marriage
5. the age and health of the spouses
6. the vocational skills of the spouses
7. the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
8. the federal income tax consequences of the court's division of the property
9. the present and potential earning capability of each spouse
10. the tangible and intangible contributions made by 1 spouse to the education, training, or increased earning power of the other spouse
11. the relative ability of each party for the future acquisition of capital and income
12. the employability and earning capacity of the spouses
13. any social security benefits
14. any other factors necessary to do equity and justice between the spouses

Alimony and Spousal Support
Spousal support may take the form of lump sum, periodic, or rehabilitative support. Tennessee favors rehabilitative support; however, if this is not feasible, the court may grant long-term alimony until the death or remarriage of the supported spouse. Spousal support may be awarded to either spouse, based on a consideration of the following:

1. the value of any separate property and the value of the spouse's share of any marital property
2. whether the spouse seeking alimony is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
3. the need for sufficient education and training to enable the spouse to find appropriate employment
4. the standard of living during the marriage
5. the duration of the marriage
6. the comparative financial resources of the spouses, including their comparative earning abilities in the labor market and any retirement, pension, or profit-sharing benefits
7. the needs and obligations of each spouse
8. the tangible and intangible contributions of each spouse to the marriage, including services rendered in homemaking, childcare, and contributions to the education, earning capacity, and career-building of the other spouse
9. the relative education and training of the spouses and the opportunity of each party to secure education and training
10. the age of the spouses
11. the physical and mental condition of the spouse
12. the tax consequences to each spouse
13. the usual occupation of the spouses during the marriage
14. the vocational skills and employability of the spouse seeking alimony
15. the conduct of the spouses during the marriage
16. any other factor the court deems just and equitable

The court may require that spousal support payments be made through the clerk of the court. Spousal support payments may include expenses of job training and education.

Spouse's Name After Divorce
There is no statutory provision in Tennessee for the restoration of a wife's name upon divorce. However, case law provides that a wife may resume the use of her former or maiden name

Child Custody After Divorce
Joint or sole custody is awarded according to the best interests of the child and considering the child's preference. There is a presumption that joint custody is in the best interests of the child when the parents have an agreement to that effect or agree in open court to joint custody. There is no presumption that either parent is more suited to obtain custody. However, if the child is of tender years, the sex of the parent seeking custody is a factor which may be taken into consideration. Custody will be granted based on the best interests of the child and a consideration of the following:

1. the love, affection, and emotional ties between the parents and child
2. the importance of continuity and the length of time the child has lived in a stable and satisfactory environment
3. whether there has been any domestic violence or physical or mental abuse to the child, spouse, or any other person and whether a parent has had to relocate to avoid such violence
4. the stability of the family unit
5. the mental and physical health of the parents
6. the home, school, and community record of the child
7. the reasonable preference of a child over 12 years of age
8. the character and behavior of any person who lives in or visits the parent's home and such person's interactions with the child
9. each parent's past and potential performance of parenting duties, including a willingness and ability to facilitate and encourage a close and continuing parent-child relationship with the other parent

Child Support After Divorce
Either or both of the parents may be ordered to provide child support. The factors for consideration are as follows:

1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of the parents
5. the earning capacity of each parent
6. the age and health of the child
7. the monetary and non-monetary contributions of each parent to the well-being of the child
8. any pension or retirement benefits of the parents
9. whether the non-custodial parent's visitation is over 110 days per year or under 55 days per year
10. any other relevant factors

The court may require that health insurance coverage be provided for the child or that the spouse to who is to pay the support maintain a life insurance policy for the benefit of the child. The court can require that the child support payments be paid through the clerk of the court. The posting of bond, wage assignments, and wage withholding may also be ordered. There are official Tennessee Supreme Court child support guidelines which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case. Standardized forms for determining child support are also available.

South Dakota Divorce Laws

Residency Requirements for Divorce in South Dakota
The spouse filing for divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final. There is no durational residency requirement. The divorce may be filed for in the county where either spouse resides, but the defendant has the right to have it transferred to his or her county of residence if desired. In addition, there is a 60-day waiting period after filing before a hearing will be held or the divorce will be granted.

Legal Grounds for Divorce in South Dakota

1. No Fault Divorce: Irreconcilable differences which have caused the irretrievable breakdown of the marriage.
2. General Divorce:
   1. Adultery
   2. conviction of a felony
   3. willful desertion
   4. cruel and inhuman treatment
   5. willful neglect
   6. habitual intemperance

Legal Separation in South Dakota
The grounds for legal separation (separate maintenance) in South Dakota are the same as for divorce. The spouse filing for legal separation must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the legal separation is final.

Simplified/Special Divorce Procedures in South Dakota
If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the divorce. In such cases, a personal appearance in court by either of the spouses will not generally be required.

Divorce Mediation in South Dakota
If the court determines that there is a reasonable possibility for reconciliation between the spouses, the divorce proceedings can be delayed for up to 30 days while the spouses seek counseling.

Divorce Property Distribution
South Dakota is an "equitable distribution" state. All of the spouse's property is equitably divided by the court. Marital fault is not to be considered unless it is relevant to the acquisition of property during the marriage. The only factor specified in the statute is a consideration of the equity and circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the value of each spouse's property
3. the length of the marriage
4. the age and health of the spouses
5. the present and potential earning capability of each spouse
6. the value of the property
7. the income-producing capacity of the spouse's assets

Alimony and Spousal Support
Either spouse may be awarded maintenance for life or a shorter period. The only factor specified in the statute is a consideration of the circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:

1. the duration of the marriage
2. the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
3. the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
4. the comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. the age of the spouses
6. the physical and emotional conditions of the spouses
7. the fault of the spouses during the marriage

Reasonable security may be required to guarantee the payment of maintenance.

Spouse's Name After Divorce
Upon request or on the court's own initiative, a wife's former or maiden name may be restored.

Child Custody After Divorce
Sole or joint child custody is to be awarded based on the discretion of the court and the best interests of the child. Fault is not to be considered unless it is relevant to the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent's sex. The preference of the child may be considered. In joint custody decisions, the court may consider the expressed desires of the parents and the best interests of the child. No other specific factors are specified. There are specific Child Visitation Guidelines established by the South Dakota Supreme Court which shall be used to establish visitation schedules, unless the parents provide a signed agreement providing otherwise.

Child Support After Divorce
Either or both parents may be ordered to provide child support. There is an official child support obligation schedule set forth in the statute. Deviation from the official schedule may be based on a consideration of the following factors:

1. the financial condition of either parent that would make application of the schedule inequitable
2. income tax consequences
3. any special needs of the child
4. income from other persons
5. the effect of custody and visitation provisions
6. childcare expenses necessary to obtain employment, education, or training
7. agreements between the parents which provide other forms of support for the direct benefit of the child
8. a voluntary reduction in the income of either parent
9. any other support obligations of a parent

The support payments may be ordered to be paid through the court clerk. Wage withholding orders may also be ordered.