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How to divide property in a Tennessee divorce

Divorce can be a tumultuous experience for any Tennessee couple. Not only are there several issues, such as child support and child custody but there are financial matters to be settled as well. Property division is just one of them. In Tennessee, a separate form explains how property and debt are to be settled in the event of a divorce. The form, referred to as Divorce Agreement, needs to be filed with the Request for Divorce, form 1.

Besides the usual form entries of local court name, county name, plaintiff and defendant's names, the couple is expected to say that they are requesting a divorce because of differences that cannot be resolved.

The couple should also indicate that the divorce request does not need to be filed with a court and that the divorce agreement has already been read by the couple and they have agreed that the divorce is fair. The couple also needs to state that they agree to be parted by the final divorce order. In other words, there is no longer any sentimental value in the relationship.

The couple also needs to agree that no one has forced them to sign the agreement. The couple also needs to indicate that they do not have any children who are under 18 years of age, disabled or still studying in high school. The wife also needs to verify that she is not pregnant. Then assets and other properties owned by the couple need to be itemized. Real property includes mobile homes, land, or houses. The couple also needs to identify any other assets that they might have, such as cash, furniture, or jewelry.

There are many potential pitfalls involved with divorce, especially in the property division process. Attorneys with experience in divorce can help Tennessee residents understand how the process works and advise them on their legal options.

Source: TNCourts.gov, "Form 5 divorce agreement," accessed on Dec. 25, 2014

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