general divorce questions,

[T_tops]

I looked up the definition but was unclear about the answer i was looking for. i was curious what is the length of time to some one has to be gone to be considered abandonment is 3 weeks long enough?

When deciding to get a divorce is it best to file first?/ does it make a difference on who files first?

Reading through some of the forums i saw that it makes a difference in alamony if someone has a degree and the other person doesnt. Why is that?




Definition i found
(F) malicious. The act of a husband or wife, who leaves his or her consort wilfully, and with an intention of causing perpetual separation.

 

[army judge]

I looked up the definition but was unclear about the answer i was looking for. i was curious what is the length of time to some one has to be gone to be considered abandonment is 3 weeks long enough?

When deciding to get a divorce is it best to file first?/ does it make a difference on who files first?

Reading through some of the forums i saw that it makes a difference in alamony if someone has a degree and the other person doesnt. Why is that?




Definition i found
(F) malicious. The act of a husband or wife, who leaves his or her consort wilfully, and with an intention of causing perpetual separation.

TN requires one to have been abandoned for two years in order to pursue divorce on those grounds.
Some authorities and sources say that is only one year!

Are you considering abandonment in relations to NOT supporting the family?

That form of abandonment is not time determinative.

Otherwise, one must absent themselves from the marital home for two year.

But, if by their absence, they are NOT supporting the family, time is not an element.

You would be best served to speak with a local divorce attorney.

The initial consultation is normally free.


http://www.divorcesource.com/info/divorcelawsgr/tennessee.shtml

http://divorcesupport.about.com/od/statedivorcelaws/a/Tenn_Laws.htm

Tennessee Code Provisions for Abandonment
# The Tennessee Code Annotated lists the state's fault grounds for divorce in Section 36-4-101. Under subsection 4, a spouse can file for divorce due to abandonment, defined as the "willful or malicious desertion or absence of either party, without a reasonable cause" lasting for a period of at least one year. Additionally, under subsection 8, an individual may be able to obtain a divorce if she has lived in Tennessee for at least two years and her spouse refused to move to the state to join her.
Proof of Abandonment
# According to the Ferrell Law Firm of Memphis, Tennessee, an individual can establish abandonment if he has been living without his spouse for at least one year due to his spouse's intentional choice to leave him. A spouse cannot establish abandonment if she decided to leave. In a divorce case, the petitioner will likely need to present evidence showing his efforts to locate or contact the absent spouse.

http://www.ehow.com/facts_7289993_considered-abandonment-tennessee-divorce-cases_.html#ixzz14F5fAtxY


LEGAL GROUNDS FOR DIVORCE:

The following are causes of divorce from the bonds of matrimony:

* Irreconcilable differences between the parties.
* A two year period of separation, without cohabitation, if there are no minor children involved.
* Impotence.
* Bigamy.
* Adultery.
* Willful desertion for one whole year.
* Conviction of an infamous crime, or sentenced to confinement in a penitentiary for a felony.
* Cruel or inhuman treatment that makes cohabitation unsafe.
* Attempting to take the life of the other.
* Refusal to move to this state, and being willfully absent from the spouse residing in Tennessee for two years.
* The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband.
* Habitual drunkenness or drug abuse after the marriage.
* Indignities that render the spouse's position intolerable, and force the spouse to withdraw.
* Abandonment and refusal to provide for the spouse while having the ability to do so.

[Based on Tennessee Code - Title 36, Sections 36-4-101]

 

[harryjone]

Hello friend,
I'm harry...
actually my friend is filing a divorce case against wife...he is little worried about whether he wins his case or not..

Thanks !!! for this post

Regards,
harry-

 

[willsmithbest]

hey

Why do people get married to get a divorce?

 

[harryjone]

Absolutely correct!!!!!!!!!!!!!!!!!