TN Bar Tennessee Family Law 1 — Questions and Answers
Question 1: In Tennessee, grounds for absolute divorce include all of the following EXCEPT:
- Irreconcilable differences
- Adultery
- Cruel and inhuman treatment
- Irreconcilable financial differences (Correct answer)
Correct answer: Irreconcilable financial differences
Tennessee Code Annotated § 36-4-101 lists statutory grounds for divorce including irreconcilable differences, adultery, and cruel treatment, but 'irreconcilable financial differences' is not a recognized ground.
Question 2: Tennessee uses which approach for dividing marital property in a divorce?
- Community property — split 50/50
- Equitable distribution — fair but not necessarily equal (Correct answer)
- Title theory — whoever holds title keeps the property
- Contribution theory — split by financial contribution only
Correct answer: Equitable distribution — fair but not necessarily equal
Tennessee is an equitable distribution state under T.C.A. § 36-4-121, dividing marital property in a manner that is equitable (fair) but not necessarily equal.
Question 3: Under Tennessee law, which of the following is separate property not subject to equitable distribution?
- Income earned by either spouse during the marriage
- Property inherited by one spouse during the marriage (Correct answer)
- Appreciation on marital assets
- Business profits earned during marriage
Correct answer: Property inherited by one spouse during the marriage
Under T.C.A. § 36-4-121(b)(2), property inherited by one spouse during the marriage is separate property and not subject to equitable distribution, unless commingled.
Question 4: In Tennessee child custody proceedings, the paramount consideration for the court is:
- The preference of the primary breadwinner
- The best interests of the child (Correct answer)
- Maintaining the existing custody arrangement
- Equal parenting time for both parents
Correct answer: The best interests of the child
Tennessee Code Annotated § 36-6-106 directs courts to award custody according to the best interests of the child, considering a list of statutory factors.
Question 5: Tennessee's Parenting Plan Act requires divorcing parents with minor children to file a:
- Custody bond with the court
- Permanent parenting plan detailing residential schedule and decision-making authority (Correct answer)
- Joint financial affidavit for child support only
- Consent order approved by a guardian ad litem
Correct answer: Permanent parenting plan detailing residential schedule and decision-making authority
Tennessee Code Annotated § 36-6-404 requires parents to submit a permanent parenting plan that addresses the child's residential schedule and allocation of parental decision-making authority.
Question 6: Under Tennessee's Income Shares Model for child support, the amount of child support is primarily based on:
- Only the non-custodial parent's income
- The combined gross income of both parents (Correct answer)
- The custodial parent's expenses only
- A flat percentage of the non-custodial parent's net income
Correct answer: The combined gross income of both parents
Tennessee uses the Income Shares Model under T.C.A. § 36-5-101, basing child support on the combined gross income of both parents to approximate the support the child would have received if the family remained intact.
