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Judge Grants Divorce, Awards Wife Property and Sole Custody After Assault Findings
Summary
After testimony and corroboration, the court granted a divorce to the wife, awarded her the marital residence and vehicles, granted sole custody of the children, issued a permanent injunction against the husband and reserved child‑support issues.
A Dixon County judge granted a divorce to Tessa (surname transcribed as Mowell) and awarded her the marital residence, two vehicles and sole custody of the parties’ minor children after finding by a preponderance of the evidence that the husband had attempted to kill his wife.
The wife testified she was stabbed and set on fire on July 1, 2024, required extensive medical treatment and remains limited in mobility. She asked the court to award her the marital residence, which has been damaged by fire and for which insurance coverage was denied, and the vehicles to help cover medical expenses and other needs. She also asked for restoration of her maiden name, a name change for the children to remove the father’s surname, and costs including attorney’s fees.
Corroborating witnesses confirmed the wife’s account. The court found the violent acts established a statutory ground for divorce (Tenn. Code Ann. § 36‑4‑107(7) conduct causing the other spouse serious bodily injury) and awarded the wife the equitable interest in the real property and both vehicles. The judge noted the residence currently had de minimis market value because of fire damage and that insurance had denied coverage because of arson. The court also awarded GoFundMe and other donation proceeds to the wife as her separate property and awarded each spouse his or her individual retirement accounts.
On custody, the court found by a preponderance of the evidence that the husband’s conduct—occurring with the children present—justified awarding the mother sole and exclusive custody and primary residential parent status. The court declined to set any visitation for the husband while he is incarcerated and entered a permanent injunction barring any direct or indirect contact between the husband and the wife or the children; the judge said the husband may seek relief later if he is released or found not guilty in the criminal matter. The court reserved child‑support calculation until the husband’s release or further proceedings and directed counsel for the wife to submit a final decree and affidavit of attorney’s fees.
The court instructed the wife’s counsel to prepare the final decree and invited filing of an affidavit supporting attorney’s fees.
