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Apr 15th, 2005
Two lawmakers in Tennessee have proposed a bill to allow spouses who have been cheated on, abused or abandoned to receive more than half of the marital assets rather than the typical 50 percent.
According to The Tennessean newspaper, the bill introduced by two Republicans and part of a new majority in the state Senate is quickly gaining bipartisan support. A sponsor of the bill, Sen. David Fowler, said he hopes “we will be able to reintroduce some teeth into the divorce law and discourage some of the more egregious behaviors that lead to the breakup of marriages and the destruction of children that they leave in their wake.”
Under the proposed Tennessee divorce law, a spouse would have to present clear and convincing evidence that the other partner committed adultery, abuse or abandonment in the year before the divorce was filed, and the person claiming to be the victim cannot be guilty of the same behavior. Fowler believes the institution of marriage has been “diminished”.
The divorce rate in Tennessee ranked third in the nation in 1999 and 2000, and in 2001 the divorce rate moved to ninth place, which some lawmakers believe is still too high. Not everyone is in support of the proposed divorce law bill. According to the executive director of the Tennessee Bar Association, Allan Ramsaur, the divorce process is complicated enough.
The Nashville newspaper editorialized against the divorce law bill proposal April 10 saying Fowler spoke of attitude changes that forced adulterers to pay for their sins, which is “a power higher than the Tennessee General Assembly,” the paper said.
For more information on Tennessee divorce law, please contact us.
Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.