Many couples are confused about the divorce process. They think you need a reason for divorce. Technically, you don’t if you and your spouse agree to all property division, alimony, parenting, and child suport issues and seek the divorce on the ground of “irreconcilable differences.”
However, there are situations in which both parties do not agree to the divorce. When this happens, the divorce is contested, and you will need to prove fault if you want the divorce to proceed. Read on to learn how to do so in Tennessee.
Grounds for Divorce
Tennessee recognizes 15 grounds for divorce. They are outlined in Tennessee Code Title 36, Domestic Relations § 36-4-101 and include the following:
- Either party was naturally impotent, sterile, or otherwise incapable of procreation during the marriage
- Either party engaged in bigamy by knowingly entering into a second marriage while still married to a spouse
- Either party has cheated on the other, committing adultery
- Willful or malicious desertion or absence of either party, without good reason, for at least one year
- Being convicted of any crime that makes the party infamous, or causing them to develop a bad reputation
- Being convicted of a crime that is classified as a felony, causing the person to be sentenced to prison time
- Either party has attempted to kill the other spouse by poison or some other form of malice
- Refusing to move to Tennessee with the spouse and living apart for two years or longer
- The woman was pregnant at the time of the marriage, by another person, without the other spouse’s knowledge
- Habitual drunkenness or drug abuse that started after the marriage
- Cruel and inhumane treatment or conduct towards the other spouse or other inappropriate marital conduct
- Making a spouse feel shameful and undignified, causing the spouse to withdraw from the marriage
- One spouse has neglected to provide for the other spouse despite having the ability to provide
- Irreconcilable differences between the spouses
- For a continuous period of two or more years, both parties have lived in separate residences without sexual relations and have no minor children
If you can prove any of the above, or reach an agreement for an irreconcilable issues divorce, you may file for divorce. Once the complaint has been filed, there will be a waiting period of either 60 or 90 days. It will be 60 days if the spouses have no minor children, and it will be 90 days if they do have a minor child or children.
Contact Us Today
You can file for fault or no-fault divorce in Tennessee. However, if you choose fault divorce, then you need to have grounds for divorce.
A divorce can be a complex situation. Get the help you need from The Law Office of David L. Scott. You need trustworthy legal representation to help you navigate the process. I will work in your best interests. Schedule a consultation by filling out the online form or calling (615) 896-7656.