Born right on the cusp of Millennial and Gen Z, I was raised with the impression that fifty percent (50%) of marriages end in divorce. Given that less than inspiring statistic, there is no doubt as to why the younger generations are postponing marriage or dropping the seemingly archaic notion all together. But at what cost? Outside of the tax implications, there are legal dilemmas that arise when you have been living with a significant other and have to divide assets without the protections of a divorce.

How does a divorce protect me?

Although many of us were raised with the idea that divorces are bad, they do allow certain protections for couples that need to separate. In Tennessee, ‘marital property’ is subject to equitable distribution at the time of divorce. In general, all property obtained during a marriage and all income from any increase in value of property obtained prior to the marriage constitutes marital property.[1] However, if you are not married and have no other contract dictating who gets what in the event of a breakup, despite investing in a home for years, you may walk away with nothing.

Does Tennessee have common law marriage?

Short answer: not really.

What is a common law marriage? A common law marriage is a relationship between two people who present themselves as married for a certain period of years. If a court makes a finding that certain state specific factors are met, those people may be considered common law married, despite never having a marriage license.

Tennessee does not recognize common law marriages formed within its own state, but it will recognize common law marriages formed in another state. Currently only Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah and Washington D.C. will recognize common law marriages.

How can I protect my property without getting married?

Consider drafting, or having a lawyer draft, a cohabitation property agreement. Consider joint land ownership agreements. In essence, if you think you and your partner have a mutual understanding, then write it down. If your partner is not willing to sign an agreement that states what would happen to your shared property if things go south and/or your partner only wants their name on the lease or deed, this could and should be seen as a red flag. They are protecting their interests and are willing to leave you unprotected.

An interesting case to help illustrate this issue is the Tennessee Court of Appeals case Smith v. Riley, where two lovers cohabitated despite not being married.[2] Upon moving in together, the couple opened a joint checking account. After several years, the couple went to a lawyer and drafted an agreement in which Riley granted Smith a one-half undivided interest in three boats, two cars, a tractor, and a motor home. They also drafted a second agreement where Riley also gave Smith a one-half undivided interest in the lease and option to purchase with a right of survivorship in Riley’s remaining one-half interest.

What did Smith give in return? On paper: one dollar ($1.00). In reality, she was making payments on the house, including on the principal and the interest, along with also paying taxes and insurance payments on the property.

When the couple broke up, Riley attempted to give Smith nothing, leaving Smith with no choice but to take Riley to court to divide the property. The Court ultimately awarded Smith the three boats, other personal property, and $33,500.00 for her contributions to the home.

If Smith had not had the agreements in place, as her name was not on the title on any of the property or the lease, the Court’s hands would have been tied, and they would be unable to divide the property. Riley would have been able to leave Smith out in the cold with nothing.

If you are considering living with your partner and combining assets prior to marriage, you should seek the advice of a knowledgeable Nashville divorce attorney. The professionals at Cole Law Group have the knowledge and experience to assist you with any questions you may have about protecting your interests. Please contact us at (615) 490-6020 to request a consultation.

If you would like to learn more about joint land ownership in Tennessee read this article: Joint Land Ownership in Tennessee — Cole Law Group Blog — March 28, 2022 (colelawgrouppc.com)

[1] T.C.A. § 36-4-121

[2] Smith v. Riley, No. E2001-00828-COA-R3-CV, 2002 Tenn. App. LEXIS 65 (Ct. App. Jan. 30, 2002)

When a couple seeks to end their marriage in Tennessee, the termination of the marriage is generally accomplished through divorce. The divorce process usually commences with one spouse filing for divorce in a Tennessee court of competent jurisdiction. Once the divorce litigation is initiated, it will progress in either an uncontested or contested fashion. In uncontested divorce cases, the divorce is finalized upon the court approving and incorporating a Marital Dissolution Agreement (and a Permanent Parenting Plan if there are minor children born of the marriage) into a final judgment of divorce. In contested divorce cases, the parties are unable to agree on a Marital Dissolution Agreement (and Permanent Parenting Plan if applicable), and the divorce is finalized by a trial judge upon the entry of a final judgment of divorce after a trial.

There is, however, a rare alternative to divorce: annulment. Annulment is only available if grounds for annulment existed at the time a couple married. In other words, there must have been a defect in the marriage from its inception that renders it subject to annulment, and the spouse seeking the annulment has the burden to prove that the defect existed at the time of the marriage. Simply put, grounds for annulment in Tennessee do not arise after a couple marries, although they may be grounds for divorce.

In Tennessee, marriages subject to annulment are either void or voidable.

A void marriage is one that can be annulled during the lifetimes of the couple, but may also be challenged after the death of either or both of the spouses. If a marriage is void, it is invalid from the moment of its inception – sometimes, this is referred to as being void ab initio. Even if a marriage is void, it is still generally useful to bring a formal annulment proceeding in a court of competent jurisdiction so the court can make clear the marital status of the parties and adjudicate any issues related to children or property. Marriages that are prohibited by law are void.

A voidable marriage, however, is a marriage that is valid unless and until it is annulled. Importantly, a voidable marriage can only be annulled during the lifetime of the parties. If one of the spouses in a voidable marriage dies, the marriage will no longer be able to be annulled, and it will thereafter be considered a valid marriage even though it may have been voidable before the death of one of the spouses.

Under Tennessee law, there are several grounds for annulment, and these grounds are further divided between void marriages and voidable marriages.

A marriage is void from the beginning under the following circumstances:

1. when either party was already lawfully married (bigamy);
2. when the parties are within prohibited degrees of kinship, closer than first cousins (incest);
3. when, for any other reason, the marriage was prohibited by law, and its continuance is in violation of law.^[i]

A marriage is voidable from the beginning under the following circumstances:

1. when either party was insane;
2. when the complaining party was under duress;
3. when one of the parties was under the age of consent at the time of the marriage;
4. when the consent to marry was obtained by force, fraud, or was given by mistake;
5. when the defendant was impotent;^{[ii] [iii]}

Although many couples may prefer for their marriage to end in annulment rather than divorce, in Tennessee the overwhelming majority of marriages end in divorce rather than annulment. This is partially because, although annulment is possible or even required under certain circumstances, the grounds for annulment are often narrowly construed, and most couples simply do not meet the necessary legal criteria to have their marriage annulled.

If you believe that your marriage is void or voidable and that annulment may apply to your marriage, you should seek the advice of a knowledgeable Nashville divorce attorney as quickly as possible. Annulment plays an important role in domestic relations law in Tennessee, and even if annulment is found to not apply in your particular situation, it may lead you to analyze other factors that could be relevant to divorce. Contact Cole Law today at 615-490-6020 to schedule a consultation and learn more about whether annulment may be an option for you.

ABOUT THE AUTHOR: Andy Goldstein

Andy Goldstein is an Associate Attorney at Cole Law Group. He is a graduate of Belmont University College of Law and is admitted to practice in Tennessee state courts, the United States District Court for the Middle District of Tennessee, the United States District Court for the Western District of Tennessee, the United States District Court for the Eastern District of Tennessee, the United States Court of Appeals for the Sixth Circuit, and the Immigration Courts of the Executive Office for Immigration Review (EOIR). Andy focuses his practice in the areas of Family Law, Defamation & Privacy, Probate, and Complex Civil Litigation. Cole Law Group clients benefit from Andy’s passion for the law and dedication to serving them well.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an experienced lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

^[i] Coulter v. Hendricks, 918 S.W.2d 424, 426 (Tenn. Ct. App. 1995) (quoting 2 Gibson’s Suits in Chancery § 1147 note 10 (5th ed. 1956)) (citations omitted).

^[ii] For the ground of impotence to sustain an annulment under Tennessee law, one spouse must be physically unable to have intercourse, the impotence has to be permanent, and the impotence must have existed before the marriage.

^[iii] Coulter v. Hendricks, 918 S.W.2d 424, 426 (Tenn. Ct. App. 1995) (quoting 2 Gibson’s Suits in Chancery § 1147 note 10 (5th ed. 1956)) (citations omitted).

In Tennessee, 95.2% of the land is privately owned.^[i] In many cases, private land is concurrently owned by two or more individuals as tenants in common. Although each co-tenant in a tenancy in common holds an undivided interest in the property and retains the right to use and enjoy the property in its entirety, the co-tenants do not necessarily hold equal interests in the total value of the property. For example, one co-tenant may hold a 60% share of the property’s interest while two other co-tenants hold a 20% share; despite this, each tenant has the right to use 100% of the property.

What Is a Recurring Legal Issue That Impacts Tenancies In Common?

Notwithstanding the benefits of holding property as a tenant in common, concurrent ownership of this nature is often fraught with conflict and problems. A recurring issue that impacts tenancies in common occurs when a co-tenant seeks to extinguish their interest in the property. Once a property owner decides that they want to sell their portion of the land it is up for the parties to agree upon the details of this transaction. If the parties are unable to agree, then either party can file a lawsuit seeking a partition of the property.

What Is a Partition of Joint Property?

A partition is the court ordered sale or physical division of property that is owned by more than one person as tenants in common or within a joint tenancy. Pursuant to Tennessee law, every co-tenant retains an absolute right to partition real estate he or she holds in common with others. ^[ii]

What Is an “In Kind” Partition of Property According to Tennessee Law?

Tennessee courts prefer to order an “in kind” partition; this type of partition seeks to divide the property fairly and equitably amongst the tenants. However, partitions in kind are rare and difficult to achieve as they require property to be equitably divided.

Can I Ask a Court to Sell the Property Even If I Don’t Own 100% ?

Yes, it is more common for a partition to occur by sale, a partition by sale is warranted and the entire property will be sold, and the proceeds will be distributed to the tenants in accordance with the interest they hold. The party seeking partition by sale has the burden to prove, by clear and convincing evidence, either (1) that the property has certain characteristics which make it difficult to physically divide in an equitable manner; or (2) that selling the property, as opposed to partitioning it, would be economically advantageous to the parties.^[iii] If the party requesting partition by sale fails to carry its burden, partition in kind must be ordered.^[iv],[v] 

An Overview Of Tennessee Caselaw

An overview of Tennessee caselaw reveals that requesting parties are often successful in meeting the burden of proof to warrant a partition by sale. As the following cases illustrate, there are a variety of conditions that lead the court to order a partition by sale despite the demands of one of more tenants to partition the property in kind.

In Nicely v. Nicely, two tracts of land totaling 68 acres were ordered to be partitioned by sale.^[vi] The court determined partition in kind would depreciate the value of the property and was therefore unwarranted. The court highlighted that the “advantage” language within the statutes refers solely to financial advantage, and if selling the property as a single unit result in a financial gain for all parties then partition by sale must be granted. ^[vii]

In McKenzie Banking Co. v. Couch, the property at issue was a single medical office building that was originally a single unit but had since been divided into two units.^[viii] The court held that partition by sale was warranted because the property could not reasonably be partitioned in kind and would be devalued if it were. In making this ruling the court highlighted the following facts: (1) since the building had been assessed as a single unit, property taxes and insurance could not be paid for each half separately; and (2) dividing the property would leave one half without access to a public thoroughfare.^[ix]

In Hale v. Hale, the land at issue consisted of two tracts of rural property in Van Buren County that spawned 74 acres. ^[x] Despite two co-tenant’s pleas to partition the property in kind, the court ruled that partition by sale was warranted because “the property could not be reasonably divided between the parties without substantially lowering its value and creating parcels that are not substantially equal for the use of the parties”. ^[xi] In making this ruling, the court focused on the topography of the land, the minimal road frontage, and the disparate sizes of the parcels when divided by value. ^[xii]

Can Joint Owners Reach an Out of Court Settlement While Partition by Sale Lawsuit Is Pending?

Yes. Just because a party files a lawsuit seeking a partition by sale does not mean they cannot reach an agreement while the lawsuit is pending. Oftentimes, parties are able to resolve a partition case when one party agrees to buy out the other party’s interest in the property. Once the parties can agree upon a reasonable price, a party receives compensation in exchange for signing over their interest in the property to the remaining tenant. As a result, one party maintains ownership of the property and the other party receives compensation.

If you have questions about land ownership or specifically partition rights in Tennessee, we can help.  Just give Cole Law Group a call at 615-490-6020.

____________________

^[i] https://fas.org/sgp/crs/misc/R42346.pdf

^[ii] Tenn. Code Ann. § 29-27-101.

^[iii] Tenn. Code Ann. § 29-27-201.

^[iv] Crawford v. Crawford, 2002 WL 31528504 (TN. Ct. App. 2014)

^[v] § 29-27-104. Children and minors; interests; partial partition

^[vi] Nicely v. Nicely, 293 S.W.2d 30 (Tenn. Ct. App. 1956)

^[vii] Id at 33

^[viii] McKenzie Banking Co. v. Couch, 332 S.W.3d 349, 350 (Tenn. Ct. App. 2010)

^[ix] Id at 351

^[x] Hale v. Hale, 2011 WL 773440, at *2 (Tenn. Ct. App. Mar. 4, 2011)

^[xi] Id

^[xii] Id at *3

Whether to keep your married name or revert to your maiden name after a divorce is a decision that carries both practical and emotional ramifications. Objectively, no right or wrong answer to this question exists. Each determination must be made on a case by case basis. When contemplating whether you should keep your married name or opt for your maiden name after a divorce, consider the following:

1. Children

If you have children and depending upon your child/children’s age(s), it might make for an easier transition for them if you continue using the same last name as them. For instance, if your children are younger, a name change could cause confusion for them and their peers. It might also lead to befuddlement in the classroom or in extracurricular activities. Some children may just not be emotionally equipped for such a change. However, in cases where the divorce was particularly contentious, whether or not your children are old enough to fully comprehend the situation, it could possibly make more sense for you to change your name.

2. Identity

Many women feel as though their married name is now a part of their identity. It is the name by which they are known in the community. Some women feel that going back to their maiden name is tantamount to reverting back to being an adolescent or someone with whom they can no longer relate. Still others might embrace this time as an opportunity for change. A decision to once again use your maiden name depends upon the association you have with it. Do you feel a sense of comfort or pride in your original surname? Or do you have less than fond memories associated with your maiden name?

3. Emotional Ties

Your married name carries with it the vestiges of a relationship that once was, but is no longer. Some report seeing their married name as a constant reminder of a failed marriage. Depending on the acrimony involved, it may be ideal to change your name and start fresh. Was infidelity involved? Do you want to maintain the association? How close are your ex-spouse’s family? Perhaps, you are more attached to your maiden name because it reminds you of happier times. The determination is completely up to you, so give yourself time to truly reflect on the emotional ties you have to your last name.

4. Professional Reasons

Perhaps you are a working professional who has really made a name for yourself in the community in a certain line of work. Maybe you have really developed your brand in a particular professional niche and clients know you by your married name. You are likely to get referrals by that name and you might lose business or might not be recognized as a result of a name change. These are considerations that could affect your financial and professional future.

5. Hassel

Changing your name can be a bit tedious but very doable. Depending on your preference, you might not want to go through the onerous process of a name change. The following are various entities and networks that you would need to notify and documents that you would need to modify:

Government Identification: You would be required to update all Government issued identification such as your Social Security, US Passport, State issued Driver’s License, and State Voter Registration forms, and you must notify the IRS and the USPS as to this change.

Creditors: If you choose to change your name you also must send letters notifying all creditors of your name change. Please do not change your name in an attempt to avoid creditors or shirk debts. You must have a good faith reason for wanting a name change.

Social Media: Social media accounts such as Twitter, Facebook, Instagram, LinkedIn, Snapchat etc., and even your Email Account should all be updated if you change your name.

6. Privacy

Ostensibly, your family and friends who are close to you will know that you are getting divorced. However, some women choose not to change their name back to their maiden names because they want to limit attention to the divorce, or they want to limit mere acquaintances’ knowledge that a divorce occurred. For instance, if you are active on social media and have many “friends” or “followers”, changing your last name abruptly will signal to all of these connections (who in reality are not close personal friends) that a major change has happened in your life. It may be your personal choice to keep your “private life” private.

Ultimately, if you have determined to change your name, have your family law attorney indicate that you would like to restore your maiden name in the Divorce Decree. This will save time and money by preventing you from having to petition the Court for a legal name change later. The above list is by no means exhaustive and in the process of deciding whether or not to change your name, you should consult with your attorney.

WHY DEPOSITIONS ARE HELD

Depositions are held for the following purposes:

• To uncover facts and truths relevant to the case known by witnesses or the parties involved
• To prevent the deponent from changing his/her testimony at trial or to trick him/her into giving misleading or false testimony
• To have testimony under oath and on record for a witness who may not be able to testify at trial
• To allow the examining attorney to gain information that will help define his strategy
• To help both sides determine the credibility of a witness
• To afford the deposing attorney and his/her client an opportunity to recognize the weaknesses in their case
• To avoid any “surprise” testimony during the actual trial that could damage an attorney’s case

If you are served with a subpoena to be deposed (a command to appear and give testimony), you must take it very seriously. You will be given adequate notice as to the time and place for the deposition. Do not fail to attend, for harsh penalties can be imposed upon “no shows.”

Arrive early to the deposition location. Avoid interacting with other people prior to entering the examining room, in the examining room, or during breaks. Do not discuss the case or your testimony “off the record” with anyone at any time. Do not bring any notes or documentation into the examining room. Your attorney will bring any documents that have been subpoenaed. Allow yourself anywhere from 1-8 hours for the deposition; complex cases may require multiple days.

THE DEPOSITION PROCESS

A court reporter will begin by asking you, the deponent, to state under oath that your testimony will be truthful and correct. Then the deposing attorney will begin to ask you a wide range of questions, some of which might seem irrelevant. You will be asked questions about your background and any knowledge that you may have regarding the case. You may be asked embarrassing questions that challenge your character and credibility or that pertain to incidents in your past.

Your attorney will not help you answer questions, but he may object to a question that is asked of you. If that occurs, stop talking immediately and await further direction. Your attorney will instruct you to proceed with answering the question or tell you not to answer.

If you are instructed to respond, be sure to ask the court reporter to reread the question so that you remember it correctly.

The following are additional requests that you may make as a deponent:

• If the opposing attorney asks a question and you did not hear all or part of it, request that the question be repeated.
• If you did not understand a question, don’t be timid about requesting that it be rephrased or explained.
• If the other attorney interrupts you while you are in the process of answering a question, politely point out that you have not completed your response and insist on finishing your answer.
• If you are uncomfortable about a question or need clarification, ask if you may consult with your attorney. (Such consultations must be kept to an absolute minimum.)
• Request a break if you are tired, confused, hungry or thirsty, uncomfortable, need a bathroom break, or must talk with your attorney. However, do not abuse such privileges.

When the examining attorney is finished with his questioning, your attorney may ask followup questions in order to clarify or emphasize your testimony.

During your deposition a court reporter or stenographer will be recording the proceedings, and on occasion an attorney may ask to have a portion of previous testimony read to him. The written record will be saved onto a computer diskette and a computer program will automatically create a transcript that can be shared with both attorneys from the text file on the diskette.

Other means of documenting the proceedings are also utilized under specific circumstances.

Video taping of depositions offers the advantages of showing the demeanor of a deponent, providing a visual record of any physical injuries that may pertain to the case, or be a substitute for the physical presence of a witness in court should he or she be unable to attend the trial. Telephonic depositions are allowed in most states and afford attorneys and deponents the opportunity to communicate from various sites. Video conferencing occurs when video cameras and monitors allow opposing parties to see as well as hear the deposition proceedings.

AFTER THE FINAL QUESTION

At the conclusion of your deposition, you will be asked whether or not you would like to read the transcript. If you elect to do so, a copy of the written transcript will be presented to you within a few weeks after the deposition is concluded and you will have a limited amount of time to make corrections. Read the document very carefully. If you do not make corrections within the designated time allotment, you will not be permitted to do so later.

Most cases settle and never make their way to a courtroom. However, if you do go to trial, re-read your deposition several times prior to your court date so that you can recall everything you said under oath. Your deposition is testimony that can be used to make or break your case in a court of law.

In Tennessee there are two types of grounds for divorce-fault, or no-fault. The no-fault grounds for divorce are “irreconcilable differences” (yes, the 1984 film starring Ryan O’Neal and Shelley Long was aptly titled for this situation) and “living in separate residences and not cohabiting as spouses for at least two years” (this ground applies only if the couple has no minor children). The fault grounds for divorce are a little more interesting, and some are very obvious. They include, but are not limited to impotence, bigamy, desertion of over one year, incarceration for a felony, attempting to take the other spouse’s life, pregnancy by another person without husband’s knowledge, habitual drunkenness or drug abuse after the marriage, inappropriate marital conduct, abandonment, and last but not least-adultery.

So, let’s think about this for a moment. Adultery is grounds for a “fault” divorce. When you and your spouse decided to end your marriage, your Complaint for Divorce stated the grounds as “irreconcilable differences.” Then-that aforementioned euphoric feeling of freedom enters. The juices are flowing. That attractive man or woman you have always wanted to talk to happens to be in line with you at the coffee shop. One thing leads to another and…BOOM, you are now seeing each other and dating. Sounds exciting, right? WRONG. You have now opened the door for your spouse (yes, you are still married at this point until the Court enters your Final Decree of Divorce) to amend his/her Complaint for Divorce to include grounds for adultery. Adultery is not defined within the Tennessee Code, but is widely accepted by the judiciary to mean sexual intercourse between a married person and a third party other than one’s spouse. An emotional affair, while not technically adultery, can still be considered inappropriate marital conduct, the catch-all fault ground for divorce in our state. Many people fall under the false-impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place; he or she is wrong. In this state it has long been held that it is unnecessary to have direct evidence of illicit intercourse and that adultery can be proven rather by a mere preponderance of circumstantial evidence.

Seems harmless, this dating thing. I mean you and your spouse are clearly done. You and your spouse have amicably been working out the small details and are very close to an agreement for the majority of the issues you must show the Court. You have calm, kind, personable communications regarding the children (if any) or the house, etc…. The judge, however, will look at this decision of yours to jump so quickly back into the world of dating very closely. How? Good question.

In the event your case involves minor children, the judge or any other experts that will determine custody and/or parenting time will not be too happy with the fact you have decided to date during these divorce proceedings. Why? This behavior shows poor decision making, “callousness toward the feelings of the parties’ minor children, and poor role modeling.” [2] This behavior can have a great effect on how the Court will view what truly is in “the best interest of the child.” A parent’s decisions and past conduct can obviously be instrumental in determining who will make the major decisions in the child’s life, and quite possibly who will be the primary residential parent.

This is where you stand up proudly and exclaim, “Don’t worry about it, we don’t have any minor children!” Well sorry but you are not off the hook so fast. The Court can, and will use its discretion in determining the amount of spousal support (a/k/a alimony) based upon infidelity. In certain situations, infidelity can be a factor in determining the amount of alimony the non-offending spouse pays to the spouse who was unfaithful. Additionally, when a parent lives with someone else and shares expenses, the court could theoretically use that fact as a basis to set the child support obligation higher (when the obligor is living with someone) or lower (when the child support recipient is living with someone) as an upward or downward deviation from the presumptive amount.

In conclusion, if you are going through a divorce and have a question whether or not you should begin dating, take heed that there may be serious repercussions in doing so. Although your emotions may be telling you that it is right, the law may prove differently.

The professionals at Cole Law Group have the knowledge and experience to assist you with any questions you may have regarding divorce. Please contact us at (615) 490-6020 to request a free initial evaluation.

WHAT IS PETIMONY?

What separates pets from other inanimate personal property is the amount of care and maintenance that they require, i.e. veterinary bills, cost of food or special diet, grooming, etc. Some courts have therefore gone so far as to award “petimony” to the custodial owner of the pet. Petimony is an alimony-like payment or economic support by one spouse for the continuing care of an animal. It is different from spousal support, which is compensation awarded during the divorce process or for some period of time thereafter in order to help maintain the marital lifestyle of the former spouse. Petimony is also different from child support, because the child has a right to maintenance from his or her parents whereas a pet does not.

CAN I GET FINANCIAL SUPPORT FOR MY PET?

In the case of Dickson v. Dickson, the divorcing parties agreed to share custody of their dog, and the husband was ordered to pay up to $150 a month for the dog’s care and maintenance, although it was later modified due to a material change in circumstances that rendered the original order inequitable. (Ark Garland County Ch Ct, No. 94-1072, 14 October 1994).

Support is reoccurring and variable as the parties’ needs and abilities change, but the division of property is a one-time event. Courts have been reluctant to award petimony in large part due to the unavailability of court resources or an agency to monitor support for the pets. It is easier for courts to make a one-time assessed value of the pet and award the pet to one party, conditioned upon that person being responsible for the pet’s care and upkeep. There is no inherent right to maintenance for pets as there is for children. However, there are options. Couples that are divorcing can arbitrate the pet issue during mediation. Some courts have approved settlement agreements that award not only custody to one party, but also petimony.

Under Tennessee law, pets are still viewed as personal property. As avid pet lovers, we at Cole Law Group P.C. understand that your pets mean much more to you than a piece of property; they are your family. Our attorneys will zealously work on your behalf to obtain custody of your beloved pet and seek maintenance support for your furry friend in arbitration or other out-of-court settlement.

However, are there instances in which social media sites could be of indispensable value to a husband or wife wishing to pursue marital dissolution? The answer is “yes” if you are on the “serving” side of the legal dispute.

The first step in obtaining a divorce from your spouse is to file a complaint for marital dissolution with the Court. Upon filing of this legal document with the Court, the complaint must be served upon the husband or wife, or put simply, a copy of the complaint must be given to the spouse. Yet there are many instances in which a spouse cannot be found. What method of service do you turn to if you are physically unable to locate your spouse? Typically, the solution is divorce by publication. This is a process in which you publish notice of your divorce proceeding in a newspaper of general circulation in the county of your spouse’s last known residence.

But, given the age of technology, it is not very often that individuals read the newspaper. Why pick up the newspaper when you can pick up your phone to learn the news? That being said, as we become more reliant upon technology, our laws and procedures tend to follow suit, and in recent decisions courts have become more lenient in the methods in which a lawsuit can be served upon a spouse- the most recent development being service by Facebook.

A New York Court recently allowed a wife to serve a complaint for divorce upon her husband via Facebook. Of course, serving a complaint via social media is not easy. In this particular matter, there were additional measures that had to be taken when serving the complaint. For example, confirmation was needed to validate that the account in which she intended to serve the complaint officially belonged to her spouse. While this process seems like a relatively simple task, it can be very difficult at times, as many people create profiles under false names and do not post personal pictures. Secondly, the wife had to provide documentation that the husband logged into the site regularly and would see the complaint. These requirements were met by providing documentation of the private messages the wife exchanged with her husband.

It is important to keep in mind that the court will decide if service by Facebook will be the sole method in which a spouse is required to provide a copy of the complaint. In previous situations when service by Facebook was allowed, the courts often required service via email or mail in addition to service by Facebook.

Although service by social media is atypical, novel, and non-traditional, the purpose of any form of service is to provide a copy of the complaint to the spouse and to verify that the spouse is aware of the lawsuit filed against him or her. Service by Facebook does just that. So, while Facebook can be the enemy, it can also a friend. Be wary of what you post to social media sites, but also keep in mind how valuable these sites could be to you. Perhaps service by social media will become the trend for the future.

If you or a loved one are in a situation in which you cannot reasonably locate a spouse (for example, the spouse has moved and left no forwarding address), please contact a divorce attorney at Cole Law Group (615) 490-6020 so we may discuss possible measures that can be taken to help you obtain a divorce.