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As of January 1, 2001, the concept of custody disappeared from most of Tennessee’s law books. This was a direct result of our new parenting plan legislation. As understanding of this law evolves, every judge and family law attorney across the state will for years to come struggle with its interpretation. To many clients dissatisfaction, the exact answer to a particular question may not exist until a Judge rules on the issue.

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Tennessee is an equitable distribution state that divides marital property equitably without regard to marital fault. Marital property is all property acquired during the marriage, regardless of whose name is on the title. Property acquired before the marriage or after a legal separation, inheritances and gifts, and pain and suffering awards are considered separate property.

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