reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-107 - Verification of petition - Effect of noncompliance

(a)
The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§
58-1-605
- 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§
58-1-605
- 58-1-607 may be exercised beyond the continental limits of the United States.
(b)
If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
(c)
A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-108 - Security for costs - Service of process

(a)
The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases.
(b)
In actions for annulment of marriage, service on the defendant may be by subpoena or by publication as in divorce cases.
Code 1858, § 2454 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 3, 18; 1841-1842, ch. 133, § 3); Shan., § 4207; mod. Code 1932, § 8432; Acts 1957, ch. 100, § 1; T.C.A. (orig. ed.), §§ 36-807, 36-834.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-109 - Time for hearing

If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter.
Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4208; Code 1932, § 8433; Acts 1933, ch. 156, § 1; C. Supp. 1950, § 8433; T.C.A. (orig. ed.), § 36-808.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-110 - Appearance and answer

The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation.
Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4210; Code 1932, § 8435; T.C.A. (orig. ed.), § 36-810.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-111 - Failure to separate not a defense

It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
Acts 1977, ch. 107, § 2; T.C.A., § 36-809.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-112 - Defense when ground is adultery

If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
(1)
The complainant has been guilty of like act or crime;
(2)
The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
(3)
The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or
(4)
The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.
Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9); Shan., §4213; mod. Code 1932, § 8438; T.C.A. (orig. ed.), § 36-811.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-113 - Issues - Trial by jury - New trial

Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.
Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4211; Code 1932, § 8436; T.C.A. (orig. ed.), § 36-812.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-114 - Proof required

If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require.
Code 1858, § 2459 (deriv. Acts 1835-1836, ch. 26, § 6); Shan., §4212; mod. Code 1932, § 8437; Acts 1977, ch. 107, § 4; T.C.A. (orig. ed.), § 36-813.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-115 - Form of proof

Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure.
Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22); Shan., §4215; mod. Code 1932, § 8440; T.C.A. (orig. ed.), § 36-814.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-116 - Affidavits of proof not required - Sworn statements concerning financial matters required - Sworn statements as evidence

(a)
No judge or chancellor shall require the filing of affidavits of proof from witnesses, plaintiffs, defendants, or petitioners and respondents in support of any complaint for divorce, legal separation, separate maintenance or annulment.
(b)
Any such judge or chancellor may, however, require a sworn statement from such persons relative or pertaining to the income of the parties, their expenses, any real or personal property in which the parties have an interest and the extent of such parties' interest therein, and such sworn statement shall be admissible as evidence of the truth of the contents.
Acts 1982, ch. 640, § 1; T.C.A., § 36-839; Acts 1991, ch. 273, § 39; 1998, ch. 1059, § 3.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-117 - Proof when ground is spouse's refusal to remove to this state

If the divorce is sought by the complainant spouse on the ground of the defendant spouse's refusal to remove with the complainant spouse to this state, and of the defendant spouse's willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the complainant spouse after the separation, and that the complainant spouse did not remove from the state where the complainant spouse resided for the purpose of obtaining a divorce.
Code 1858, § 2463 (deriv. Acts 1835-1836, ch. 26, § 2); Shan., §4216; Code 1932, § 8441; Acts 1982, ch. 853, § 3; T.C.A. (orig. ed.), § 36-815.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-118 - Proof when ground is conviction of crime

The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence.
Code 1858, § 2464 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4217; Code 1932, § 8442; T.C.A. (orig. ed.), § 36-816.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-119 - Decree of court generally

If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time.
Code 1858, § 2465 (deriv. Acts 1835-1836, ch. 26, §§ 7, 19); Shan., § 4218; Code 1932, § 8443; T.C.A. (orig. ed.), § 36-817.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-120 - Ill conduct defense

(a)
If the cause assigned for a divorce is that specified in §
36-4-101(a)(11)
, the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court.
(b)
But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require.
Code 1858, §§ 2466, 2467 (deriv. Acts 1835-1836, ch. 26, §§19, 20); Shan., §§ 4219, 4220; Code 1932, §§ 8444, 8445; T.C.A. (orig. ed.), §§ 36-818, 36-819; Acts 1998, ch. 1059, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-122 - Costs

The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property.
Code 1858, § 2477 (deriv. Acts 1831, ch. 20, § 1; 1835-1836, ch. 26, §§ 17, 20, 21); Shan., § 4230; mod. Code 1932, §8455; T.C.A. (orig. ed.), § 36-829.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-123 - Appeals

Appeals in divorce cases shall be governed by the Tennessee Rules of Appellate Procedure. Pending appeal, orders and decrees of the trial court shall have the effect prescribed by the Tennessee Rules of Civil Procedure.
Code 1958, § 3158; Shan., § 4890; Code 1932, § 9039; Acts 1970, ch. 595, § 1; 1981, ch. 449, § 2(23); T.C.A. (orig. ed.), § 36-830.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-124 - Right to remarry

When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again.
Code 1858, § 2475 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4228; mod. Code, 1932, § 8452; Acts 1970, ch. 347, § 1; T.C.A. (orig. ed.), § 36-831.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-125 - Legitimacy of children unaffected by divorce or annulment

The annulment or dissolution of the marriage shall not in any way affect the legitimacy of the children of the same.
Code 1858, § 2476 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., §4229; mod. Code 1932, § 8453; T.C.A. (orig. ed.), § 36-832.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-126 - Suspension of proceedings to attempt reconciliation - Revocation

(a)
During the pendency of any suit for absolute divorce, limited divorce or separate maintenance, the court having jurisdiction of the matter may, upon the written stipulation of both the husband and wife that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such time as the court, in its discretion, may determine advisable under the circumstances, so as to permit the parties to attempt such reconciliation without prejudice to their respective rights. During the period of such suspension, the parties may resume living together as husband and wife and their acts and conduct in so doing shall not be determined a condonation of any prior misconduct.
(b)
Such suspension may be revoked upon motion of either party by order of the court.
Acts 1965, ch. 329, § 1; T.C.A., § 36-836.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-127 - Expunction of divorce records upon reconciliation of parties

Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk's duties under this section.
Acts 1981, ch. 435, § 1; T.C.A., § 36-838.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-128 - Remarriage after spouse's two-year absence - Effect of spouse's return

(a)
If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa.
(b)
Such bill or petition shall be filed within one (1) year after the return.
Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8); Shan., §4214; Code 1932, § 8439; T.C.A. (orig. ed.), § 36-833.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-129 - Stipulated grounds and/or defenses - Grant of divorce

(a)
In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses.
(b)
The court may, upon stipulation to or proof of any ground of divorce pursuant to §
36-4-101
, grant a divorce to the party who was less at fault or, if either or both parties are entitled to a divorce or if a divorce is to be granted on the grounds of irreconcilable differences, declare the parties to be divorced, rather than awarding a divorce to either party alone.
Acts 1989, ch. 543, § 1; 1998, ch. 1059, §5; 2008 , ch. 868, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-130 - Mediation - Confidentiality of information and documents

(a)
When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged.
(b)
Communications made during a mediation may be disclosed only:
(1)
When all parties to the mediation agree, in writing, to waive the confidentiality of the written information;
(2)
In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation;
(3)
When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation;
(4)
When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or
(5)
When the disclosure reveals abuse or neglect of a child by one (1) of the parties.
(c)
The mediator shall not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree in writing.
Acts 1993, ch. 245, §1; 2007 , ch. 519, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-131 - Mediation - Waiver or extension - Domestic abuse - Video conference

(a)
Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation.
(b)
The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to:
(1)
Any factor codified in §
36-6-409(4)
;
(2)
Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties;
(3)
The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c);
(4)
The parties have participated in a settlement conference presided over by the court or a special master;
(5)
The court finds a substantial likelihood that mediation will result in an impasse; or
(6)
For other cause found sufficient by the court.
(c)
If the ground for the divorce is irreconcilable differences and the parties have filed with the court a properly executed marital dissolution agreement, and if there are minor children of the marriage, a properly executed parenting plan, the court shall not require the parties to attend mediation.
(d)
(1)
In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation, only if:
(A)
Mediation is agreed to by the victim of the alleged domestic or family violence;
(B)
Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(C)
The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
(2)
Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed.
(e)
The court may order mediation between the parties to take place by video conference when appropriate.
Amended by 2022 Tenn. Acts, ch. 697, s 1, eff. 7/1/2022.
Acts 1997 , ch. 350, § 1; 2007 , ch. 519, § 3; 2008 , ch. 994, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-132 - Appointment of guardian ad litem

(a)
In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage.
(b)
The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees or costs may be waived upon motion for an indigent person.
(c)
Any guardian ad litem appointed by the court pursuant to this section shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Such immunity shall apply in all proceedings in which such guardian ad litem may act.
Acts 1998, ch. 1059, § 6; 2000, ch. 736, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-133 - Compliance with notice of insurance termination provisions required

On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with §
56-7-2366
, if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring the insured or covered individual to provide a health care insurance policy for the former spouse.
Acts 2006, ch. 764, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-134 - Notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property

(a)
Every final decree of divorce granted on any fault ground of divorce and every marital dissolution agreement shall contain a notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. The notice shall also state that it may be in a party's best interest to cancel, close or freeze any jointly held accounts.
(b)
Failure to include the notice required by subsection (a) shall not affect the validity of the decree of divorce, legal separation or annulment.
Acts 2009, ch. 157, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 4 - DIVORCE AND ANNULMENT (§§ 36-4-101 — 36-4-135) › Section 36-4-135 - False allegations of sexual abuse in furtherance of litigation

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, the reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-102 - Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent

(a)
In cases where the court orders alimony or child support in accordance with §§
36-5-101
and
36-5-121
, the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise.
(b)
In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent.
Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-104 - Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay

(a)
Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.
(b)
No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order.
(c)
In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to:
(1)
Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and
(2)
Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
(d)
In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in §
36-5-101(a)(8)
.
Amended by 2023 Tenn. Acts, ch. 366,s 1, eff. 5/5/2023.
Acts 1961, ch. 201, § 1; 1978, ch. 882, § 1; T.C.A., § 36-835; Acts 2003 , ch. 189, § 1; 2007 , ch. 502, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-105 - Intestacy of plaintiff spouse - Effect on alimony

(a)
(1)
If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy.
(2)
Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in §
36-5-121
.
(b)
However, when the cause of divorce is irreconcilable differences under §
36-4-103
, subsection (a) shall not apply if the parties have entered into a written marital dissolution agreement wherein the plaintiff consents to the payment to the defendant of alimony, either in lump sum form or periodic payments; provided, that such marital dissolution agreement is approved by the court granting the decree of divorce.
Acts 1983, ch. 414, § 6; T.C.A., § 36-840; Acts 1987, ch. 390, § 5; 2005, ch. 287, § 4.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-106 - Reports pursuant to Fair Credit Reporting Act

(a)
The department of human services or any of its Title IV-D child support contractors shall report periodically to consumer reporting agencies, as defined in the Fair Credit Reporting Act (
15 U.S.C. § 1681a(f)
), the name of any noncustodial parent, of which the department or its Title IV-D contractors has a record, who is either current in payments of support or who is delinquent in the payment of support and the amount of the current obligation or arrears owed by such parent. Such information shall only be furnished to an entity that furnishes evidence to the department of human services that it meets the requirements to be defined as a consumer reporting agency pursuant to the Fair Credit Reporting Act.
(b)
For purposes of this section, "delinquent" means any occasion on which the full amount of ordered support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of
42 U.S.C. § 654(4)
, is not paid by the due date for arrears as defined in §
36-5-101(f)(1)
unless an income assignment is in effect and the payor of income is paying pursuant to §
36-5-501(g)
.
(c)
Reports of delinquent support and the amount of the arrears shall be made only after the noncustodial parent has been notified of the intended action at the last record address required by §§
36-5-101(c)(2)(B)(i)
,
36-5-805
,
36-2-311
, and
37-1-151(b)(4)(C)-(F)
or such other address as may be known to the department, and the noncustodial parent is afforded an opportunity for an administrative hearing before the department to contest the accuracy of such information. The noncustodial parent shall file a written request for appeal of the intended actions as provided by part 10 of this chapter.
Acts 1985, ch. 477, § 18; 1994, ch. 987, § 7; 1997, ch. 551, § 21; 2001, ch. 447, § 5.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-107 - Disposition of incentive payments - Prohibition against agency use of payments for social and recreational purposes

(a)
In the event that, pursuant to federal requirements, the department of human services adopts a plan requiring political subdivisions to pass incentive payments through to agencies actually participating in the IV-D program of the Social Security Act (
42 U.S.C. §§ 651-665
), any incentive payment made to a political subdivision that the department designates to be passed through to such an agency shall be appropriated by the political subdivision to the use and benefit of the designated agency.
(b)
(1)
Except in districts where existing non-child support obligations for rent and payroll already exceed this figure, at least seventy percent (70%) of the federal incentive payments distributed by the department and disbursed by the executive director of the district attorneys general conference as provided in §
8-7-602
shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
(2)
In those districts where existing non-child support rent and payroll obligations already exceed thirty percent (30%) of the incentive payment expenditures for that district, one hundred percent (100%) of the federal incentive funds shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
(3)
Notwithstanding the requirements in subdivisions (b)(1) and (2), such funds may be appropriated by the general assembly for other purposes consistent with applicable federal requirements, to the extent that such appropriation is specifically set forth in the general appropriations act. Further, such funds shall be disbursed only for goods and services for which state funds may properly be disbursed and within limitations imposed on state disbursements including, but not limited to, state travel regulations.
(4)
This subsection (b) shall not be construed or implemented in any manner that jeopardizes the receipt of federal funding pursuant to the Social Security Act (
42 U.S.C. §§ 651-665
).
(c)
An agency that participates in the IV-D program, and that receives federal incentive payments from the department as a result of such participation, shall not utilize any portion of the incentive payments for the social or recreational benefit of the agency's officers, employees, agents, or the family members of the officers, employees or agents.
Acts 1985, ch. 477, § 19; 1990, ch. 974, §§ 2, 3, 5.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-108 - Reserved

Acts 1985, ch. 477, § 20; repealed by Acts 2012 , ch. 673, § 3, effective 7/1/2012.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-109 - Construction

Chapter 477 of the Public Acts of 1985 is declared to be remedial in nature and all provisions of that act shall be liberally construed to effectuate its purpose.
Acts 1985, ch. 477, § 22.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-110 - Termination of Acts 1985, ch. 477

(a)
If any provision of the federal law that mandates any provision of chapter 477 of the Public Acts of 1985 is declared to be unconstitutional by the supreme court of the United States, any such provision of such act shall cease to be effective one (1) year from the date of such supreme court decision.
(b)
Enactment of chapter 477 of the Public Acts of 1985 is dependent on the availability of federal funding for its implementation, and if, at any time, such federal funding becomes unavailable, such act is thereby rendered repealed, null and void, and of no effect.
Acts 1985, ch. 477, §§ 23, 24.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-111 - Liability for clerk's fee

In all cases where payments for child support are made through or administered by the court clerk, the decree or order setting the child support must state that the party responsible for paying such support shall be responsible for the clerk's fee, as stated in §
8-21-403
, and the amount thereof.
Acts 1985, ch. 379, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-113 - Plans for payment of child support - Work requirements

(a)
(1)
In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act (
42 U.S.C. § 601
et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support.
(2)
The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to §
36-5-811
or §
36-5-812
, or by any other remedies available for the collection or enforcement of current support.
(b)
The department may also order the individual who is not incapacitated and who is subject to a plan requiring payment of the overdue support for a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including, but not limited to, temporary assistance as provided under title 71, to engage in work activities as required under §
71-3-104
.
(c)
A copy of the order issued pursuant to this section shall be filed with the court.
(d)
An order issued by the department pursuant to this part may be appealed as provided in part 10 of this chapter.
(e)
For purposes of this section, "overdue" support is defined as any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of
42 U.S.C. § 654(4)
, is not paid by the due date for arrears as defined in §
36-5-101(f)(1)
, unless an income assignment is in effect and the payer of income is paying pursuant to §
36-5-501(g)
.
Acts 1997 , ch. 551, § 48; 1998, ch. 1098, § 17.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-118 - Customer service unit - Statewide toll-free telephone line

Notwithstanding this part or any other law to the contrary, if the department of human services serves as the central collection and disbursement unit for the state, then the department must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements. Notwithstanding any law to the contrary, if a contractor of the department serves as the central collection and disbursement unit for the state, then the contractor must establish, advertise and maintain a customer service unit and a statewide toll-free telephone line for the express purpose of receiving and responding to citizen inquiries and complaints concerning child support collections and disbursements.
Acts 1998, ch. 1048, § 5.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-119 - Satellite offices

Notwithstanding this part or any other law to the contrary, the department of human services shall vigorously investigate and determine the feasibility of securing the necessary waivers required to permit establishment of satellite offices for the state's central collection and disbursement unit. Such satellite offices would be established only in those counties that account for a substantial percentage of total child support collections within the state. Such satellite offices would locally collect and/or disburse child support and/or would provide a locally based customer service unit for residents of such county.
Acts 1998, ch. 1048, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 1 - GENERAL PROVISIONS (§§ 36-5-101 — 36-5-122) › Section 36-5-122 - False allegations of sexual abuse in furtherance of litigation

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 4 - EXPEDITED PROCESS FOR SUPPORT (§§ 36-5-401 — 36-5-406) › Section 36-5-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Child" means a person entitled to support from such person's parents by virtue of such person's minority or who is entitled to support as provided in §
34-1-102(b)
;
(2)
"Magistrate" means a duly licensed attorney who has been actively engaged in the practice of law for a period of not less than two (2) years appointed by court authority to set and enforce child support, to review the administrative hearing decisions of the department of human services pursuant to §
36-5-1003
and to administer expedited process as set out in this part;
(3)
"Petitioner" means a person or governmental entity seeking to be awarded or to enforce support for a child, or seeking to modify a previous child support order;
(4)
"Respondent" means a person from whom child support is sought or a person in opposition to modification of a prior order; and
(5)
"Support" or "order of support" means child support and support for a spouse or ex-spouse if the obligor is responsible for the support of a child residing with the spouse or ex-spouse.
Acts 1985, ch. 477, § 13; 2000, ch. 922, § 10; Acts 2009, ch. 235, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 4 - EXPEDITED PROCESS FOR SUPPORT (§§ 36-5-401 — 36-5-406) › Section 36-5-403 - Powers of magistrate

The magistrate shall have the same authority and power as a circuit court judge to issue any and all process and in conducting hearings and other proceedings in accordance with this part; provided, that all final orders of a magistrate must be reviewed by a judge as provided in §
36-5-405
.
Acts 1985, ch. 477, § 13; Acts 2009, ch. 235, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 4 - EXPEDITED PROCESS FOR SUPPORT (§§ 36-5-401 — 36-5-406) › Section 36-5-404 - Powers and duties of clerk

The office of the clerk of the court shall provide a sufficient supply of the forms provided for in §
36-5-406
. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition and testimony or shall refer the person to the proper IV-D agency within the county.
Acts 1985, ch. 477, § 13.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 4 - EXPEDITED PROCESS FOR SUPPORT (§§ 36-5-401 — 36-5-406) › Section 36-5-406 - Promulgation of forms

The department of human services, in consultation with the Tennessee judicial conference, has the authority by regulation to promulgate forms, which must be available for use pursuant to this part. Such forms must be promulgated pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2019 Tenn. Acts, ch. 420,s 25, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 85,s 1, eff. 4/3/2019.
Acts 1985, ch. 477, § 13; 1986, ch. 890, § 14.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-703 - Administrative hearing - Certification of noncompliance

(a)
An obligor may request an administrative hearing upon receiving the notice described in §
36-5-702
to contest the department's intention to issue a finding of noncompliance to a licensing authority. The request for hearing must be made in writing and must be received by the department within twenty (20) days of the date the notice is served upon the obligor as shown by the return receipt or by the return on personal service.
(b)
If a hearing is requested, the department shall conduct the hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, except that, notwithstanding any law to the contrary, the appeal of the department's administrative order based upon the hearing pursuant to this part shall be made by the obligor in accordance with the jurisdictional and judicial review provisions of §
36-5-1003
; provided, that notwithstanding any law or rule to the contrary, the sworn certificate of the department, or its agent, or the Title IV-D agency of another state, regarding the issues in subdivisions (c)(1) and (2), shall be admissible in evidence and shall constitute a rebuttable presumption of the obligor's status.
(c)
The only issues for consideration at the administrative hearings shall be:
(1)
Whether the licensee is an obligor required to pay child support under an order of support;
(2)
Whether the obligor is not in compliance with the order of support; and
(3)
Whether good cause exists in that case as to whether the sanctions of this part should be imposed.
(d)
(1)
The department may enter into a consent order with the obligor, which is filed with the court, for payment of an arrearage owed by the obligor. Upon entry of such consent order by the court, the proceedings under this part shall be further stayed, unless there is noncompliance with such consent order as shown by the records pursuant to subdivision (d)(2). In the event of such noncompliance the stay shall cease and the procedures of subdivision (d)(2) shall be followed. Entry of such consent order shall constitute a waiver of the obligor's right to any hearing on the issue of noncompliance with an order of support based upon the notice of noncompliance for which the consent order has been entered.
(2)
If the payment records of the clerk of the court or the department show that the obligor remains in arrears and is not in compliance with the consent order for repayment of the child support arrearage pursuant to subdivision (d)(1), the court, through the department, shall, in accordance with §
36-5-705
, forthwith certify to each licensing authority that licenses the obligor that the obligor is not in compliance with an order of support.
Acts 1996, ch. 892, § 4; 1998, ch. 1098, § 69; 2000, ch. 922, § 22.