August 23, 2013 /24-7PressRelease/ -- Choosing a fault divorce over a no-fault divorce in Tennessee---
Article provided by Angela C. Larkins Attorney At Law
Visit us at http://www.legalacl.com
Widely reported in both tabloid and traditional news sources, Simon Cowell, the celebrity talent show judge has been named as a co-respondent in the New York divorce filed by Cowell's best friend against his pregnant wife. As reported by USA Today and other outlets, the wife became pregnant by Cowell himself. Although New York was the last state to add a no-fault ground as the basis for divorce, the divorce papers listed adultery as the basis for the divorce and accused the wife of "inhuman treatment," based upon the commission of acts of adultery. While this story makes for interesting gossip, it does raise an interesting legal issue: With no fault available, why pursue a fault divorce?
Why pursue adultery as a ground for divorce?
Adultery is one of the oldest grounds for divorceand historically has been considered the worst possible violation of marriage vows. In order to prove adultery, however, both opportunity to commit adultery and disposition to do it must be shown, and the burden of proof is on the party alleging it. This is not always easy--requiring witnesses and documentation at trial and is complicated by Tennessee law limiting photographs of someone who has a "reasonable expectation of privacy."
Taking Marital Fault in to Consideration
The problems of proof--as well as the cost of providing such proof, financially as well as emotionally--make it likely that other grounds for divorce, if available, should be alleged instead of, or in addition to, adultery. While, adultery as grounds is not as common as it once was, it can be useful in a divorce proceeding
Probably the most immediate impact is that when adultery occurs, and is used as a grounds for divorce, it essentially waives any residency requirement for filing a petition. Otherwise, a six-month residency requirement applies. The law only requires that you live in Tennessee at the time your spouse's infidelity.
Tennessee also allows judges to consider adultery when deciding issues of alimony, although the courts have ruled that "punitive alimony" is not permitted, even for a spouse who committed adultery; that is, unneeded alimony will not be awarded just to punish a guilty spouse.
Also, while some states provide for an equitable distribution of property and allow the court to take into account the cause for the divorce and whether either party is at fault, the legal standard for how property gets dividedin a divorce in Tennessee is "fair and equitable" and the statute is explicit that courts are to divide the marital assets "without regard to fault," including adultery.
Given the difficult emotional and financial ramifications of divorce, the advice of an experienced Tennessee divorce attorney is extremely important to adequately evaluate the circumstances of each case.
Press release service and press release distribution provided by http://www.24-7pressrelease.com
# # #Read more Press Releases from FL Web Advantage: