Abandonment with adultery in Tennessee

This is a discussion on Abandonment with adultery in Tennessee within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My wife had an affair ,and then abandond me. I have been stugling for nearly 2 years to keep my ...

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Old May 28th, 2012, 02:48 PM   #1
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Default Abandonment with adultery in Tennessee

My wife had an affair ,and then abandond me. I have been stugling for nearly 2 years to keep my home & property, as I have been laid off for quite awhile. Now she has filed for an agreed divorce, and wants me to agree to give her 35,000$ . She beleives that she has this amount vested in said house & property. Am I liable if she abandoned me?
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Old May 28th, 2012, 03:18 PM   #2
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Default Re: abandonment with adultry in tenn

I wish to inform you that the provisions of Tennessee Code Annotated, Section 36-4-121 will govern in this matter. It is stated therein that the court may award appropriate damages to a spouse, to be taken from the marital property, for pain and suffering, for alienation of affection, or for punitive damages if the spouse requesting such damages has proven by clear and convincing evidence that within one year prior to the time the divorce petition was filed the other spouse committed adultery or abandoned the spouse. If you are unable to come to a settlement with your wife, then you may place all the facts before the court which will consider the facts and decide the matter.

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Old May 28th, 2012, 03:47 PM   #3
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Default Re: abandonment with adultry in tenn

Tennessee is an equitable division of property state. The courts are not allowed to consider fault when dividing property. So, yes, even though she had an affair and abandoned you, it's entirely possible that she is entitled to a share of the house and property. The amount will be determined by the courts, based upon the following:
  • the duration of the marriage
  • the age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities, and financial needs of each spouse
  • the tangible or intangible contribution by one spouse to the education, training, or increased earning power of the other
  • the relative ability of each party for future acquisitions of capital assets and income
  • the contribution each spouse has made to the acquisition, preservation, appreciation, or dissipation of the marital or separate property, including the contribution of a spouse to the marriage as homemaker, wage earner, or parent, with the contribution of a homemaker and wage earner to be given the same weight if each spouse has fulfilled his or her role
  • the value of each spouse's separate property
  • the estate of each spouse at the time of the marriage
  • the economic circumstances of each spouse at the time the division of property is to become effective
  • the tax consequences to each spouse
  • the amount of Social Security benefits available to each spouse, and
  • such other factors as are necessary to consider the equities between the parties.

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Old May 29th, 2012, 03:14 AM   #4
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Default Re: abandonment with adultry in tenn

In case the husband or wife abandons the other and removes from the state and is absent therefrom for one year without providing for the maintenance and support of that person's family, or is sentenced to imprisonment either in the county jail or penitentiary for the period of one year or more, the district court of the county where the husband or wife so abandoned or not in prison resides, on application by affidavit of such husband or wife fully setting forth the facts and supported by such other testimony as the court may deem necessary, may authorize that person to manage, control, sell, or encumber the property of the husband or wife for the support and maintenance of the family and for the purpose of paying debts contracted prior to such abandonment or imprisonment. Notice of such proceedings must be given to the opposite party and must be served as a summons is served in ordinary actions.
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