Wednesday, August 22, 2007

Tennessee Divorce Factoids

From my domestic relations class:

**The charge of adultery, as a general rule, has to be proven and established by circumstantial evidence. It is not necessary to prove the direct fact of adultery. To justify divorce for adultery, a preponderance of the fact is sufficient.

**Acts of adultery occurring after separation, so long as they occurred prior to the entry of the final decree, can constitute grounds for divorce.

**Whether alimony should be awarded and the amount are matters left to the discretion of the trial court and are dependent upon the unique circumstances of each case. There is no hard and fast rule as to the amount of alimony to be awarded.

**The two principal elements in seeking to ascertain alimony are the need of the spouse and the ability of the other spouse to pay. The court may properly consider the amount of income required to provide for wife to live in a manner to which she became accustomed during the marriage.

**In divorce proceedings, attorney fees may be properly allowed as part of an alimony award.

That's all for now--I'm leaving you hungry for more!

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