Grounds for Divorce in TN

Experienced lawyers advise on dissolving the bonds of matrimony

While many states offer no-fault divorces, Tennessee’s version imposes certain restrictions. Couples must either have a complete settlement agreement ready to go or they must have been legally separated for at least two years and have no minor children. As a result, many petitioners for divorce in Tennessee opt to allege traditional grounds for dissolving their marriage. If you are contemplating divorce, it’s important to know the available grounds, what you are required to prove and how the grounds can impact your divorce decree. At Grant & Sain, PLLC, our family law attorneys are committed to providing the advice you need to make a fully informed decision on each aspect of your case. 

Leading grounds for divorce in Tennessee

Under Tennessee law, there are numerous statutory grounds for divorce based on marital fault. The most common are:

• Adultery — This ground requires substantial proof of infidelity, consisting of direct or circumstantial evidence, as well as lack of consent by the wronged spouse. 
• Desertion — This ground consists of willful and/or malicious abandonment for one year or more. The culpable spouse must cut off contact and refuse support to the wronged spouse. 
• Conviction of an infamous crime — This ground is satisfied when the culpable spouse is found guilty of a crime that brings moral disgrace or is sentenced to prison for a felony. 
• Habitual alcohol or drug abuse — This requires proof of persistent substance abuse destroys the quality of a marital relationship. 
• Cruel and inhuman treatment — This includes verbal and physical assault, domestic violence, failure to provide a suitable living environment, and more.

Less frequently used grounds include:

• Impotence that existed before the marriage
• Attempted murder of the other spouse
• Refusal to move from out the state to Tennessee for a period two years 
• The wife’s pregnancy by another man during the marriage
• A consistent pattern of indignities that renders life together intolerable

A marriage is also made void due to bigamy, if one of the spouses is already in a valid marriage. 

Consequences of citing fault grounds in a Tennessee divorce

Proving fault in a divorce can have consequences for the divorce decree: 

• Property division — Tennessee law prohibits a judge from penalizing a culpable spouse for misconduct, such as adultery. However, if an adulterous spouse has dissipated marital funds due to misconduct, that spouse must repay that amount to the marital estate or have those amounts deducted from his/her share.
• Alimony — A court can decide that a spouse whose marital misconduct caused the marriage to fail is not eligible for spousal support.
• Child custody — Certain proven examples of marital misconduct can convince a judge that the culpable spouse is not to be trusted with primary custody of children.  

Given the potential ramifications of the divorce grounds you choose, it’s important to get trustworthy legal advice before filing. Our attorneys take the time to explain the law and its application to the facts of your case.

Contact our Jackson, TN law firm for knowledgeable guidance on divorce

Grant & Sain, PLLC in Jackson provides highly professional and personal divorce representation throughout West Tennessee. To schedule a consultation with one of our partner attorneys, call 731-256-7477 or contact our office online.