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Answering important questions about property division

Property division is an understandably important concern for many divorcing couples. Understanding how property is divided upon divorce in Tennessee can help put some concerns at ease. Tennessee follows equitable property division rules. It is important to note that equitable property division does not refer to equal property division. The court will seek to divide property in a way that is equitable, or fair, to the divorcing couple but not necessarily equal.

When conducting property division during divorce the family law court will consider several factors. Factors that will be evaluated include each spouse's contributions during the marriage; retirement benefits; Social Security benefits; the length of the marriage; the mental and physical conditions of each of the divorcing spouses; and the ability of each of the divorcing spouses to provide for themselves.

It is important to note that divorcing spouses are also able to agree on a property division settlement between themselves. Whether the couple is able to agree on how to divide property, or the family law court helps, it is essential for the divorcing spouses to understand their financial picture and also understand their priorities and needs following the divorce. The family law and divorce process seeks to ensure that both spouses are as financially secure as possible after the divorce.

To help divorcing couples achieve a positive financial future moving forward after divorce, it is helpful for them to understand the property division process and the tools and resources provided by the family law system to help them reach a fair divorce settlement. Because the property division process can be complex, and may include high-value assets or a pre-nuptial agreement, trained guidance throughout the process can also be helpful for divorcing spouses contemplating property division.

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The Law Office of Robert M. Asbury
5731 Lyons View Pike
Suite 206
Knoxville, TN 37919

Phone: 865-909-7290
Fax: 865-909-9886
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