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How can unmarried couples legally part ways in Tennessee?

On Behalf of | Feb 3, 2025 | Family Law

Ending a relationship is never easy, especially when you have built a life together. For unmarried couples in Tennessee, the process of separating can be complex. While specific laws govern marriage dissolution, unmarried partners may need to explore alternative options.

Common-law marriage in Tennessee

Tennessee does not recognize common-law marriages. This makes separation between unmarried couples who have been together for many years tricky. Without a marriage license and ceremony, cohabitating couples do not have automatic rights to spousal support or property division.

Below are potential options for legally separating as an unmarried couple in Tennessee.

Cohabitation agreements

You could create a cohabitation agreement. This legal document is similar to a prenuptial agreement. If you separate, it outlines how you and your partner will handle property division, debt allocation, and other financial matters. This agreement could save you significant stress and potential legal battles.

Mediation

Mediation can be a valuable tool if you are already in the process of separating. A neutral third party, the mediator, helps you and your ex-partner negotiate the terms of your separation. This can include property division, debt allocation and even custody arrangements if children are involved. Mediation is often less costly and time-consuming than going to court.

Civil lawsuits

In cases where you cannot reach an agreement through mediation, you might consider filing a civil lawsuit. This could be necessary if there are disputes over property ownership or financial obligations. This option can be expensive and emotionally draining.

Navigating the legal aspects of separation as an unmarried couple can be challenging. For personalized advice tailored to your specific circumstances, consider consulting an attorney. They could guide you through your options and help protect your interests during this difficult time.