We’ve all heard the stories – a friend of a friend lost custody of her child because of a picture on Facebook, or your second cousin’s brother has to pay ¾ of his salary in spousal support until he dies. While the laws governing divorce in Tennessee are complicated, most of what you hear isn’t necessarily true. We wanted to give you the real truth about these common divorce myths, so that you’ll be better prepared before, during and after your divorce proceedings.

  1. Mothers always get full custody. This is untrue. In Tennessee, the primary residential parent can be either the father or the mother. The courts review what is best for the children first and foremost, and grant primary residency status to the parent whose lifestyle and living arrangements are best suited for the children. If you and your soon-to-be-ex spouse agree on who should be the primary residential parent, the courts will take that into consideration.
  2. Only men pay alimony. This is also untrue. Spousal support is determined by a number of factors, not the least of which is income. A husband may petition the court for support, and if he meets the requirements, the court may grant him alimony for a specific amount of time. The exact same scenario is true for wives.
  3. Unwed parents don’t have rights. This is absolutely untrue. Parents are parents regardless of whether or not they’re married. While an unwed couple may face some additional difficulties, there is no reason or any law preventing two unwed parents from sharing custody of their children.
  4. If you have kids, you can’t move unless your ex agrees. This is not true. However ,there are some complex issues and laws governing parental relocation and, if you wish to move out of state (or more than 50 miles away within the state) you must give your ex 60 days’ notice; if he/she opposes the relocation, you will then have to ask the court’s permission to move.
  5. You’re going to lose all of your money. Again, this is untrue. When a couple divorces in Tennessee, the court requires an equitable distribution of assets. Equitable does NOT mean 50/50; it simply means that what you keep vs. what you give up must be fair. Asset division is incredibly complex, so you’ll want a lawyer to help you with the plan.

Getting a divorce does not have to be difficult, but it is rarely easy. At our firm in Nashville, we’ve helped men and women through the process – and we can help you, too. Stop in to see us if you have questions about your divorce; we’ll always give you the truth.