TN Bar Tennessee Family Law 2 — Questions and Answers
Question 1: In Tennessee, a valid antenuptial (prenuptial) agreement requires all of the following EXCEPT:
- A written agreement signed by both parties
- Full financial disclosure by both parties
- Voluntary execution without duress
- Court approval before the wedding (Correct answer)
Correct answer: Court approval before the wedding
Tennessee prenuptial agreements under T.C.A. § 36-3-501 require writing, signatures, voluntary execution, and full disclosure, but do not require prior court approval.
Question 2: Under Tennessee law, spousal support (alimony) may be awarded based on several factors. Which type of alimony is designed to be short-term to allow the economically disadvantaged spouse to gain education or training?
- Alimony in futuro
- Alimony in solido
- Rehabilitative alimony (Correct answer)
- Transitional alimony
Correct answer: Rehabilitative alimony
Tennessee Code Annotated § 36-5-121 defines rehabilitative alimony as support intended to assist the economically disadvantaged spouse in acquiring education, training, or skills to become self-sufficient.
Question 3: Alimony in futuro in Tennessee terminates automatically upon:
- The supported spouse obtaining any employment
- The supported spouse's remarriage or cohabitation with a third party (Correct answer)
- The paying spouse's retirement
- A change in the paying spouse's income
Correct answer: The supported spouse's remarriage or cohabitation with a third party
Under T.C.A. § 36-5-121, alimony in futuro (periodic alimony) terminates automatically upon the supported spouse's remarriage and may be modified or terminated upon cohabitation.
Question 4: Tennessee's residency requirement for filing a divorce petition requires that the plaintiff have been a Tennessee resident for at least:
- 3 months
- 6 months (Correct answer)
- 1 year
- 2 years
Correct answer: 6 months
Tennessee Code Annotated § 36-4-104 requires the plaintiff in a divorce action to have been a resident of Tennessee for at least 6 months before filing.
Question 5: Under Tennessee law, a parent may petition to modify a child custody order if there has been:
- Any change in circumstances since the original order
- A material change in circumstances that affects the child's best interests (Correct answer)
- A change in either parent's income
- The passage of at least two years since the last order
Correct answer: A material change in circumstances that affects the child's best interests
Tennessee requires a material change in circumstances that affects the best interests of the child as a threshold for modifying an existing custody order under T.C.A. § 36-6-101.
Question 6: In Tennessee, a petition for a domestic violence Order of Protection (OP) may be filed in which court?
- Circuit Court only
- General Sessions or Circuit Court with jurisdiction over the matter (Correct answer)
- Juvenile Court only
- Federal District Court
Correct answer: General Sessions or Circuit Court with jurisdiction over the matter
Under T.C.A. § 36-3-602, a domestic violence Order of Protection may be filed in General Sessions or Circuit Court (or Juvenile Court if a minor is involved), depending on the circumstances.
TN Bar Tennessee Family Law 2
In Tennessee, a valid antenuptial (prenuptial) agreement requires all of the following EXCEPT: