25 May 2012

How long does the legal separation period have to be to file for divorce in Memphis, Tennessee?

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In order to file for divorce, in Memphis, Tennessee, based on legal separation, you must be separated, with no cohabitation, for at least 2 years. There also cannot be any minor children involved in the marriage. 

Legal separation allows for a married couple to live separately, but still maintain their marriage. A separation is similar to a divorce in that it can include required spousal support payments, child custody or visitation rights, and divisions of property. If, after 2 years, the couple wants to remain separated, the state of Tennessee grants them the right to file for divorce and permanently dissolve the marriage. On the other hand, separation is not the only legal grounds to file for divorce in Memphis, Tennessee.

Other possible grounds for divorce include: 

  • Irreconcilable differences;
  • Adultery by either spouse;
  • Bigamy;
  • Desertion for a year or more;
  • Impotence;
  • The wife was pregnant at the time of marriage by another man;
  • Conviction of an infamous crime or sentencing to a penitentiary;
  • One spouse refused to move to the state to reside with their partner for at least 2 years;
  • Cruel or inhumane treatment;
  • Physical abuse or if one spouse attempts to take the life of the other;
  • Drug or alcohol abuse; and
  • One spouse is found to still be legally committed to a previous marriage.

When You Need Legal guidance in Memphis, Tennessee

If you and your spouse have had a legal separation for more than 2 years or if you believe you have other grounds to file for divorce, contact an experienced Memphis divorce lawyer at the Miles Mason Law Group today. Call 901-683-1850 to begin discussing your legal options.

Miles Mason


Memphis divorce and family lawyer, Miles Mason, Sr. is the founder of Miles Mason Family Law Group, PLC. For more information about our professional staff, see our Meet the Team page.


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