With the economy gaining some traction once again, divorce courts all over the country are seeing an increase in divorce applications. It is believed that the majority of these applications come from couples who wanted a divorce in 2009, back when the nation was still in the grip of an economic recession. According to News Channel 5: “Many studies have shown that married couples in cities across the country were holding off on a divorce because of collective debt and loss of employment.”
Now that things are looking up for the economy, it is only a matter of time before trusted attorneys in Gallatin, TN like Kenneth J. Phillips see a surge in clients. In any case, the fact remains that divorce can put a person’s resolve and emotional strengths to the test. Divorce cases in the US typically need to have certain “grounds” or reasons for ending the marriage before they can heard at court. In Tennessee, divorces can either have “fault” or “no-fault” grounds.
The basis of no-fault grounds is that of “irreconcilable differences”, i.e. a situation where the couple can no longer get along with each other. Merely having numerous disagreements on a daily basis may not be adequate to justify a no-fault divorce, however.
According to Tennessee law, the couple must have been separated for two years straight or more and has had no children below 18 years of age. Fault grounds, meanwhile, almost always cite bad conduct like adultery and domestic abuse as a reason for divorce. However, certain circumstances like prison sentence or impotency can also be sufficient justifications for “fault” in a divorce.
The grounds for divorce usually don’t determine whether or not a divorce application will be heard in court. However, the grounds tend to influence the process of alimony, i.e. financial compensation to one party, and the settlement of property that comes afterward.
For example, a husband who has cheated on his wife may be required by the court to pay a larger alimony than someone who parted ways with his wife amicably. An experienced Gallatin divorce lawyer may be able to persuade the judge to set a more appropriate alimony, considering that the finances of many couples nowadays are likely to have improved since 2009.
(Source: Divorce On The Rise With Economy, News Channel 5, February 26, 2014)
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