Tennessee divorce causes encompass both no-fault and fault-based grounds that provide legal grounds for divorce under Tennessee divorce laws, with options ranging from irreconcilable differences to specific fault grounds, including committed adultery, cruel treatment, habitual drunkenness, and convicted of a felony. Filing for divorce in Tennessee requires proving appropriate grounds affecting child custody, child support, marital property division, and other aspects of the divorce process for couples with or without minor children seeking marital dissolution.
No-Fault Divorce Grounds in Tennessee
Tennessee allows spouses to file for divorce without proving wrongdoing by either party through no-fault grounds that simplify the divorce process.
Irreconcilable Differences
Irreconcilable differences are the most common basis listed for divorces in Tennessee. This means that both sides have significant enough differences that their marriage must end. However, both spouses have to agree that irreconcilable differences exist before citing them as grounds for divorce.
With a no-fault divorce settlement, both parties agree they have irreconcilable differences; therefore, the marriage is over. If either party disagrees, the divorce becomes fault-based, and fault grounds must be proven.
Requirements for No-Fault Divorce
In a no-fault divorce in Tennessee, there can't be no reason for the court to step in and hear evidence to decide a particular issue. Tennessee does have a version of no-fault divorce where both sides agree that irreconcilable differences are the basis for the divorce, but the parties must also agree upon other aspects of their case, such as marital property disbursement and a child custody plan.
Two-Year Separation Alternative
For a continuous period of two or more years, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties. Another reason for a no-fault grounds divorce involves a couple with no minor children living separately for more than two years with no cohabitation.
You may get a no-fault divorce in Tennessee if you can prove you and your spouse have lived in separate residences and haven't cohabited for at least two continuous years, and you have no minor children younger than 18.
Fault-Based Divorce Grounds in Tennessee
Fault-based divorces in Tennessee require proof of reasonable cause from the court system, which can make the process more complicated than no-fault options.
When to Choose Fault-Based Divorce
If the divorce is on fault grounds, a party must prove by credible evidence, including testimony, that one or more of the legal grounds for divorce exist. Filing for divorce on fault-based grounds can influence the outcome of the divorce, including how marital property is divided, who gets custody of any children, how much custody each parent is granted, whether alimony should be paid, and how much alimony will be paid.
Fault-based grounds for divorce involve evidence, guilt, and assigning blame. Whatever the cause is, you'll need evidence like witness testimony, documents, or other records to support your claims.
Adultery as Grounds for Divorce
Adultery represents one of the most frequently cited fault grounds in Tennessee divorce cases, requiring specific proof of extramarital sexual relations.
Proving Adultery
Either party has committed adultery. If adultery is used as a reason for divorce, the other party has to prove that adultery actually occurred. According to data reported by research, around 75 percent of divorces involve adultery.
For adultery to be a legal ground for divorce in Tennessee, you must show that your spouse had a sexual relationship with someone else during the marriage. This is typically done through texts, photos, witness accounts, or even admissions.
If either party has sexual relations with someone other than their spouse, they have committed adultery. Filing for divorce on the grounds of adultery involves providing evidence that extramarital sexual intercourse occurred.
Impact on Divorce Outcomes
Adultery may also impact alimony or property division, especially if marital funds were spent on the affair. The equitable division of assets and whether or not alimony is awarded are at the discretion of the court. Courts are not supposed to consider the fault of a spouse when dividing marital assets, but sometimes, unless the spouse who committed adultery also dissipated marital assets in the conduct of the affair, the Court will consider adultery.
Whether fault grounds such as adultery will have an impact on the alimony and attorney fee award depends on the situation, and on whether the party seeking alimony or the party who would pay alimony is at fault.
Cruel and Inhuman Treatment
Tennessee recognizes cruel and inhuman treatment as valid grounds for divorce when one spouse's conduct makes continued cohabitation unsafe or improper.
Definition and Examples
The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct. Cruel and inhuman treatment may include physical or emotional abuse, failure to provide for a spouse, or degrading behavior.
It is considered inappropriate marital conduct when a spouse causes pain, anguish, or distress, making continued cohabitation intolerable or unendurable. Some examples of inappropriate marital conduct include physical, emotional, and verbal abuse, failure to provide a home and basic needs, and various forms of financial abuse.
Proof Requirements
If you are a victim of physical or emotional abuse, it can be legal grounds for divorce. Courts in Tennessee take this very seriously, especially if there's a pattern of abuse or harm in the relationship. Verbal attacks, threats, or controlling behavior may also count as cruelty.
You do not have to suffer a serious injury or endure ongoing emotional abuse to prove cruel treatment. This ground is typically proven through therapist notes, witness statements, and, in extreme cases, police reports.
Substance Abuse and Habitual Drunkenness
Tennessee divorce laws recognize substance abuse problems that develop after marriage as valid grounds for ending the marriage.
Requirements for This Ground
Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage. Claiming that a spouse exhibits frequent drunkenness or drug-taking is not enough; this must be shown to be habitual.
If your spouse has a long-term addiction to drugs or alcohol, it can be a valid reason to divorce if it has a direct and negative impact on your marriage. Proving this ground is not always easy. You'll need to show that the addiction started after you got married and affects your life or safety.
Evidence Needed
Proof can include rehab records, DUI charges, or behavior changes related to substance use. This ground is commonly used when the addiction leads to neglect, financial hardship, or physical or emotional abuse.
For this to be a valid fault-based ground, the substance abuse must be ongoing, not a one-time incident. Habitual drunkenness must be demonstrated to have been contracted after the time of the marriage to qualify as grounds.
Criminal Convictions as Divorce Grounds
Tennessee law provides multiple grounds for divorce based on criminal convictions, recognizing the serious impact of criminal behavior on marriages.
Felony Convictions
Being convicted of a crime that, by the laws of the state, is declared to be a felony and sentenced to confinement in the penitentiary. A divorce can be granted if a spouse is convicted of a felony and sent to prison.
If your spouse is convicted of a felony and sent to prison, that can be a very strong legal ground for fault-based divorce. In these scenarios, you don't have to wait until they are released from custody; the conviction itself is typically enough.
Infamous Crimes
Being convicted of any crime that, by the laws of the state, renders the party infamous. Infamous crimes can be a basis for divorce. Infamous crimes include breaking, incest, forgery, bribery, rape, or horse stealing.
If your spouse was convicted of a serious or shameful crime like fraud or embezzlement, it can hurt your reputation. In these scenarios, you can use that conviction to support your filing for divorce. Generally speaking, the crime must involve dishonesty or moral failing, not just a basic violation of the law.
Desertion and Abandonment
Tennessee law distinguishes between desertion and abandonment, both serving as separate grounds for divorce with specific requirements.
Willful Desertion
Willful or malicious desertion or absence of either party without a reasonable cause for one whole year. Desertion can be a basis for divorce, but it has to last at least a year. Also, the desertion must be intentional, malicious, and without a reasonable cause.
If one party willfully deserts or abandons the other for at least one year, the other party has grounds for divorce. Willful desertion involves one spouse leaving, cutting off communication, not revealing their location or other abandonment behaviors.
Desertion refers to situations in which your spouse leaves you without a reason and stays willfully absent for at least one year. To prove this fault-based ground for divorce, you'll need to show the separation wasn't mutual and that you were left alone.
Abandonment Without Support
The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause and has refused or neglected to provide for the spouse while having the ability to so provide. Similar to desertion in that one spouse may leave the other, but different in that this also includes situations where one spouse kicks the other out with no just cause.
Another example of abandonment is the refusal to provide when your spouse cannot provide for themselves. Abandonment is when one spouse kicks the other out of the marital home and refuses to help support their spouse.
Additional Fault Grounds in Tennessee
Tennessee divorce laws recognize several additional fault-based grounds addressing specific circumstances that may warrant marital dissolution.
Attempted Murder
Either party has attempted the life of the other by poison or any other means, showing malice. Attempting to kill one's spouse can be a ground for divorce. In extreme cases, attempted murder of a spouse is a legal fault-based divorce ground in Tennessee.
Bigamy
Either party has knowingly entered into a second marriage in violation of a previous marriage still subsisting. Polygamy and bigamy are illegal in Tennessee and throughout the United States. Someone who is already legally married can't then marry someone else.
Bigamy typically makes your marriage valid grounds for divorce, whether accidental or deliberate. The second marriage is considered void from the beginning. Proof for this ground can include marriage certificates, public records, or testimony from the other spouse.
Impotence and Infertility
Either party at the time of the contract was and still is naturally impotent and incapable of procreation. Impotence can be a reason for divorce, but the condition must be permanent and must have been present before the couple married.
If your spouse was unable to have sexual relations or children and didn't tell you before marriage, it may be considered fraud. This condition must have existed before the wedding and was hidden from you.
Pregnancy by Another
The woman was pregnant at the time of the marriage by another person without the knowledge of husband. If the wife is pregnant by another man, the husband can seek a divorce. However, a husband cannot use this defense if he and his wife have engaged in premarital sex.
Refusal to Move to Tennessee
Refusal on the part of a spouse to remove with that person's spouse to this state without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two years. If a spouse has refused to move to Tennessee after getting married to someone who lives in the state, this can be a basis for divorce.
Indignities to Spouse
The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable and thereby forced the spouse to withdraw. Offering indignities as a reason for a Tennessee divorce is based on the infliction of pain to a spouse.
Impact of Divorce Grounds on Case Outcomes
The grounds chosen for divorce in Tennessee can significantly affect various aspects of the divorce process and final settlement terms.
Property Division Considerations
The reasons for divorce in Tennessee are important because they can affect the outcome of the divorce. If one spouse is found at fault based on one of the grounds, it may affect how marital property is divided.
Courts in Tennessee distribute marital property based on the theory of equitable distribution. This means judges will divide property based on what they believe is fair under the circumstances of each case. Fault grounds may influence these decisions when marital assets were dissipated through misconduct.
Child Custody Implications
Fault grounds can impact who gets custody of any children and how much custody each parent is granted. Tennessee courts make custody decisions based on the best interests of the child, and evidence of fault, such as substance abuse, cruel treatment, or criminal behavior, may affect these determinations.
Alimony Determinations
Whether alimony should be paid and how much alimony will be paid may be influenced by fault grounds in the divorce. Tennessee law allows courts to consider the relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so when determining alimony awards.
Filing Requirements and Waiting Periods
Tennessee imposes specific procedural requirements, including waiting periods before divorce can be finalized, regardless of the grounds chosen.
Mandatory Waiting Periods
A complaint or petition for divorce on any ground for divorce must have been on file for sixty days before being heard if the parties have no unmarried child under eighteen years of age, and must have been on file at least ninety days before being heard if the parties have an unmarried child under eighteen years of age.
Before the Tennessee courts may issue a divorce decree, there's a waiting period that begins on the date you filed the divorce complaint. This wait time is usually considered a cooling-off period to give you a chance to reconsider the divorce.
Residency Requirements
To get a Tennessee divorce, you must meet the state's residency requirements. You'll qualify if the plaintiff spouse lived in Tennessee when the events that constitute the grounds for divorce happened.
If the acts complained of were committed out of state and the plaintiff resided out of the state at the time, the plaintiff or the defendant must have resided in Tennessee six months next preceding the filing of the complaint.
Choosing Between Fault and No-Fault Divorce
When considering filing for divorce in Tennessee, spouses must carefully evaluate whether fault-based or no-fault grounds best serve their interests.
Advantages of No-Fault Divorce
No-fault divorces save time and money and reduce drama. Another especially critical benefit is that they keep control over all relevant issues in the couple's hands. If you and your spouse can agree on all terms of the divorce, it is uncontested and can proceed more smoothly.
When Fault-Based Divorce Makes Sense
You should speak with a family law attorney in Tennessee before you decide whether to claim that your spouse is at fault for the divorce. If one spouse's conduct was particularly egregious, proving fault grounds may be worth the additional time and expense involved.
The decision about what grounds for divorce to cite will have a tremendous impact on how the divorce proceedings unfold. Having clear and valid grounds from the beginning builds a strong foundation and helps your divorce attorney prepare the right strategy.
Working with a Tennessee Divorce Attorney
Tennessee divorce causes require careful consideration and proper legal guidance to protect your rights throughout the divorce process.
Importance of Legal Counsel
If you are contemplating a divorce, the best decision you can make is to speak to an experienced Tennessee divorce attorney. Your questions will be answered honestly, and you can prepare yourself for what will happen.
While you do not have to hire a divorce attorney, it is strongly recommended you do. If you are filing for divorce in Tennessee with children, your divorce will forever change your parenting time. A divorce will have a huge impact on your financial planning.
Getting Professional Guidance
A skilled Tennessee divorce lawyer can guide you and make sure your rights are protected throughout the entire divorce process. They can help you determine the appropriate legal grounds for divorce, assist in gathering proof and evidence, and represent your interests in negotiations or court.
Tennessee divorce causes encompass fifteen distinct grounds providing legal basis for ending marriages, from no-fault irreconcilable differences to serious fault-based grounds including committed adultery, cruel treatment, convicted of a felony, and habitual drunkenness.