Divorce is a challenging journey and understanding the legal grounds for divorce is essential for anyone embarking on this path in Tennessee. There are various reasons or grounds upon which a person can seek to dissolve their marriage. In this guide, the 15 legal grounds for divorce in Tennessee, as listed in Tennessee Code Annotated §36-4-101, will be explored, looking into each and its significance.
1. Irreconcilable Differences (No- Fault)
In Tennessee, a couple can file a divorce based on irreconcilable differences, where neither party is deemed at fault. This no-fault option allows the couple to have a smooth dissolution process based on their mutual assertion that their marriage is irretrievably broken rather than assigning blame to one spouse or the other.
2. Inappropriate Marital Conduct
Inappropriate Marital Conduct is the most commonly relied upon ground for contested divorces. It can involve one spouse inflicting physical, emotional, or psychological abuse onto the other spouse. This is rather a broad topic and it can include matters as little as being unable to provide basic needs in a marriage to matters as specific as excessive or unwanted sexual intercourse. Tennessee recognizes this as grounds for divorce, prioritizing the safety and well-being of the abused spouse.
3. Adultery
Adultery is a common ground for divorce in Tennessee, involving a spouse engaging in extramarital affairs. Proving adultery can be difficult to do however and it does not impact the division of assets in a marriage. Adultery will be considered in any alimony determinations the court makes including whether or not to award attorney’s fees to the prevailing spouse.
4. Prior or Existing Marriage
If either spouse has knowingly entered a second marriage while still legally married, the innocent spouse can rely on that as a ground for divorce.
5. Desertion
Willful desertion occurs when one spouse voluntarily leaves the marital home and refuses to return with no justification. This can serve as a legal ground for divorce, especially if it persists for at least one year.
6. Infamy
If one spouse has been convicted of an infamous crime that is outlined in Tennessee Code Annotated §40-20-112 (e.g. burglary, forgery, incest, rape), this renders the spouse infamous. This can be used as a ground for divorce.
7. Indignities
Actions done by a spouse that undermine the other spouse’s sense of self worth and value. Neglect, isolation, hurtful and abusive language towards a spouse rendering their position in the marital relationship intolerable. This serves as grounds of divorce for the spouse receiving hatred or pain from the other spouse.
8. Conviction of a Felony
If one spouse gets convicted of a felony and sentenced to imprisonment, such a conviction can serve as grounds for divorce. The incarceration and resulting strain on the marital relationship justifies the dissolution of the marriage.
9. Attempt on the Life of a Spouse
If either spouse attempts the life of the other spouse by poison or any other means of malice, that serves as a ground for divorce.
10. Habitual Drunkenness or Drug Abuse
Habitual drunkenness or drug addiction that causes marital discord or dysfunction, can serve as grounds for divorce. Substance abuse significantly impairs the marital relationship. An interesting caveat is that the drug addiction must have begun after the marriage, if the spouse was aware of the drug addiction prior to marriage then it cannot serve as a ground for divorce.
11. Impotency
Impotence refers to one spouse’s inability to engage in procreation at the time of the marriage. If undisclosed before marriage or discovered only at the time of marriage, impotence can justify divorce proceedings in Tennessee.
12. Pregnancy Prior to Marriage
If one spouse was pregnant by another person at the time of marriage, the other spouse may seek divorce in Tennessee. This ground recognizes the significance of honesty and transparency in marital relationships.
13. Abandonment
Abandonment refers to when one spouse kicks out the other spouse from the marital home without a just cause, and refuses to provide for the spouse while having the ability to do so.
14. Refusal to Follow One’s Spouse to TN
If one spouse refuses to move to Tennessee with intent to establish residence, it can serve as grounds for divorce if the spouse was willfully absent from the other spouse residing in the State of Tennessee for over two years.
15. Separation for 2 years and No Minor Kids
A two-year separation can be grounds for a divorce if both spouses have lived in separate residences and have not cohabited as man and wife during this time and do not have any minor children.
Understanding these 15 legal grounds for divorce is crucial for seeking the dissolution of a marriage. Consulting with an experienced family law attorney is recommended for beneficial and accurate information regarding this topic. Contact our firm today and schedule a consultation to speak to one of our well-rounded attorneys that can help you through the process of divorce.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.