Going through a divorce often feels difficult and emotional. If you’re unsatisfied with how marital property divides, you might wonder if you can challenge the decision. In Tennessee, you can challenge property division, but you must follow specific steps and rules before moving forward.
Understanding property division in Tennessee
Tennessee uses an equitable distribution system to divide marital property. The court divides property fairly, but not necessarily equally. It considers factors like the length of the marriage, the financial and non-financial contributions of each spouse, and the economic circumstances of both parties.
Although Tennessee doesn’t require an equal split, it strives for fairness based on these factors. Understanding how the court divides property helps you assess whether your property division might face challenges.
When can you challenge property division?
You can challenge a property division decision if you believe the court made an error or if you find evidence that one spouse hid assets. You can also challenge it if the court didn’t consider all relevant factors, such as household contributions or significant changes in financial status.
For example, if you find that your spouse intentionally undervalued property or hid assets, you can file a motion to revisit the decision.
How to challenge property division?
To challenge a property division, you must file a petition in court. Present new evidence or show that the original division was unjust. This can include financial records, witness testimony, or other documentation that supports your case.
Keep in mind that you must act promptly. Tennessee law sets time limits for challenging property division decisions, and failing to file on time might prevent any changes.
Challenging property division is a serious step, and you need to understand the potential outcomes before pursuing it. In Tennessee, the court strives for fairness, but mistakes can happen. If you think the division was unfair or incorrect, seeking legal advice and gathering evidence will help you take action.
