Things To Know About Divorcing After A Short Marriage
Some people get married too quickly and then realize they want to get a divorce shortly afterwards. In these scenarios, many people are often worried that they will lose everything they own. Fortunately, with a Franklin divorce attorney by your side, you will not lose everything and will likely even be able to keep what is most important to you. Learn more about how your divorce may proceed if your marriage was relatively short below.
How Division of Property Works After a Short Marriage
Tennessee is an equitable distribution state. Typically, this means that when a couple gets a divorce, their marital assets are divided in a manner that is fair, but that is not necessarily equal. Still, the court determined in a case heard in the Tennessee Court of Appeals, Batson v. Batson, that family law judges have the authority to deviate from the typical property division laws of the state. In this case, the court determined that property division requires more than applying statutory factors, and that the unique facts of any one case must be weighed.
The length of a marriage is one factor the courts weigh when making property division decisions. The courts consider any marriage that lasted for seven years or less a short-term marriage. When two people divorce after a short-term marriage, the courts also presume that there was not enough time for either party to help or hurt each other. Essentially, both parties should still roughly be in the same position they were in before they were married. When dividing marital property, judges will also likely divide joint assets and liabilities roughly in half.
How Alimony Works After a Short Marriage
Many people believe that if they were not married for a long period of time, they are not entitled to alimony. Fortunately, that is not always true. Alimony may still be awarded to one spouse if the circumstances warrant it. For example, if one spouse quit their job for a short period of time, a judge may award them rehabilitative alimony.
Rehabilitative alimony is intended to help one spouse financially while they obtain gainful employment, or the education or training necessary to find work. Long-term or permanent alimony is not typically awarded in divorce cases that involve a short marriage.
As with any other issue in divorce, spouses can reach an agreement on their own about alimony. The two parties can also agree to a lump sum payment, rather than periodic payments. This is often more practical during a divorce that involves a short marriage, when the total amount of alimony is smaller than it is after a long marriage.
Our Divorce Attorneys in Franklin Can Help with Your Case
No two divorce cases are exactly unique and those involving a short marriage have their own special considerations. At Beal | Crutcher, our Franklin divorce attorneys know what these are and can provide the sound legal advice you need to help you obtain the best settlement possible. Call us now at 615-861-2304 or reach out to us online to schedule a meeting with one of our experienced attorneys.
Sources:
law.justia.com/cases/tennessee/court-of-appeals/1988/769-s-w-2d-849-2.html
casetext.com/statute/tennessee-code/title-36-domestic-relations/chapter-4-divorce-and-annulment/section-36-4-121-distribution-of-marital-property
