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Home » US Law » 2021 Tennessee Code » Title 36 - Domestic Relations » Chapter 4 - Divorce and Annulment

§ 36-4-121. Distribution of Marital Property

In all actions for divorce or legal separation, the court having jurisdiction thereof may, upon request of either party, and prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, equitably divide, distribute or assign the marital property between the parties without […]

§ 36-4-122. Costs

The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property. Code 1858, § 2477 (deriv. Acts 1831, […]

§ 36-4-123. Appeals

Appeals in divorce cases shall be governed by the Tennessee Rules of Appellate Procedure. Pending appeal, orders and decrees of the trial court shall have the effect prescribed by the Tennessee Rules of Civil Procedure. Code 1958, § 3158; Shan., § 4890; Code 1932, § 9039; Acts 1970, ch. 595, § 1; 1981, ch. 449, […]

§ 36-4-124. Right to Remarry

When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again. Code 1858, § 2475 (deriv. Acts 1835-1836, ch. 26, § 7); Shan., § 4228; mod. Code, 1932, § 8452; Acts 1970, ch. 347, § 1; T.C.A. (orig. ed.), § 36-831.

§ 36-4-126. Suspension of Proceedings to Attempt Reconciliation — Revocation

During the pendency of any suit for absolute divorce, limited divorce or separate maintenance, the court having jurisdiction of the matter may, upon the written stipulation of both the husband and wife that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such time as the court, […]

§ 36-4-127. Expunction of Divorce Records Upon Reconciliation of Parties

Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such […]

§ 36-4-129. Stipulated Grounds And/or Defenses — Grant of Divorce

In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses. The court may, upon stipulation to or proof of any ground of divorce pursuant to § 36-4-101, grant a divorce to the party who was less at fault or, if either or both […]

§ 36-4-130. Mediation — Confidentiality of Information and Documents

When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged. Communications made during a mediation may be disclosed only: When […]

§ 36-4-131. Mediation — Waiver or Extension — Domestic Abuse

Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation. The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to: Any factor codified in § 36-6-409(4); Either party is unable […]

§ 36-4-132. Appointment of Guardian Ad Litem

In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage. The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be […]

§ 36-4-133. Compliance With Notice of Insurance Termination Provisions Required

On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366, if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring […]

§ 36-4-135. False Allegations of Sexual Abuse in Furtherance of Litigation

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not […]