11 Sep My Fault, Your Fault, Our Fault, No-Fault?

Clarifying the Grounds for Divorce in Tennessee

Understanding the grounds for divorce in Tennessee can be as challenging as saying a Dr. Seuss limerick three times fast. This post will explore the fifteen different grounds, or underlying reasons, necessary for obtaining a divorce in Tennessee, without tongue twisters or alliterations to help you comprehend this oftentimes emotional and exhausting court process.

Does Tennessee require the parties to a divorce to allege a ground for divorce?

Historically, a person was required to allege some sort of fault that caused the parties to obtain a divorce. A change in legislative and societal beliefs surrounding the ability to obtain a divorce through a more peaceful, diplomatic process, rather than a finger-pointing fight, led to the advent of a “no-fault divorce.” All fifty (50) states now have a “no-fault” based ground for divorce, otherwise known as Irreconcilable Differences in Tennessee. However, it is possible that alleging a fault-based ground for divorce in Tennessee may be beneficial.

Why make an allegation of fault?

In Tennessee, if a party is able to prove a fault-based ground for divorce, a court could hold the party at fault to be financially accountable for purposes of alimony and could also affect decisions surrounding child custody. Note only a small number of states, Tennessee included, still allow a fault-based type of divorce.

2 “No-Fault” Grounds for Divorce

The only genuine “no-fault” based grounds for divorce is Two Years Separation and No Minor Children, which requires that the parties have been living separate and apart, in different residences, for more than two (2) continuous years and have no minor children. In this situation, no agreement between the parties is necessary, and either party may obtain a divorce even over the objection of the other party.

However, if the parties both consent and agree to the divorce citing Irreconcilable Differences, they are able to obtain a divorce so long as they have reached a written agreement “for the custody and maintenance of any children from that marriage and for the equitable settlement of any property rights between the parties.”

13 Fault-Based Grounds for Divorce

1. Impotence: The Unfortunate Deal Breaker

If one party is naturally, permanently, and incurably impotent at the time of marriage and can’t procreate, the other party can file for divorce. Case law says you need to prove the other party can’t copulate or procreate.

2. Bigamy: The Double Trouble

Bigamy happens when someone is still legally married to another person and then enters into a second marriage. You can prove bigamy by showing there’s no divorce decree for the first marriage. The second marriage is void from the start.

3. Adultery: The Scandalous Ground for Divorce

So, you think your spouse is cheating? In Tennessee, you can allege adultery as a ground for divorce, and guess what? You don’t need a smoking gun photo to prove it. According to case law, circumstantial evidence can do the trick.

What’s Circumstantial Evidence?

It’s like connecting the dots. It doesn’t directly prove the act but gives a logical inference that it happened. Think of it as piecing together a puzzle without having the picture on the box.

The Gilliam Case

In the landmark case Gilliam v. Gilliam, the wife nailed it by showing that her husband:

Boasted about his sexual appetite.

Frequently visited his lover’s home and left his car there overnight.

Did yard work and household chores for his lover.

Made his lover the beneficiary of two of his insurance policies.

Even if you’re separated, adultery can still be a thing. But, if you can’t pinpoint a specific time or place or name the alleged lover, you might not meet the burden of proof.

Defenses to Adultery Allegations

Tread carefully when making this claim. Tennessee law outlines four defenses:

The accuser is guilty of the same act.

The accuser forgave the behavior with full knowledge.

The husband allowed the wife’s act and benefited from it.

The husband exposed the wife to lewd company, leading to the act.

4. Desertion: When They Just Up and Leave

If your spouse deserts you without a good reason for over a year, you can claim abandonment. But remember, laziness or messiness doesn’t count. If your spouse is declared insane or refuses to reconcile, you might have a case.

5. Conviction of an Infamous Crime: The Deal Breaker

If your spouse is convicted of an infamous crime or felony, that’s a ground for an absolute divorce. You’ll need to present the record of conviction to the court although the authority on what makes the crime infamous varies.

6.  Jail Time + Felony =A Jailhouse Deal Breaker

If your spouse is convicted of a felony and sentenced to jail time, that’s a ground for an absolute divorce. You’ll need to present the record of conviction to the court.

7. Attempted Murder: The Ultimate Deal Breaker

Trying to off your spouse? Yeah, that’s definitely grounds for divorce in Tennessee. Whether it’s poison or some other sinister method, it’s a no-go. For instance, Tennessee courts found malice and intent to kill when a wife deliberately rammed her car into her husband’s vehicle at high speed. Talk about taking road rage to a whole new level! 🚗💥

Refusal to Move: The Long-Distance Deal Breaker

8. Refusal to Move to Tennessee: The Long-Distance Deal Break

Living in Tennessee but your spouse refuses to join you? If they’ve been dodging the move without a good reason for over two years, you’ve got grounds for divorce. But it’s got to be more than just one lonely plea to come to Tennessee. You’ll need to show a pattern of effort to get them to move. Think of it as building a case for why they should’ve packed their bags ages ago.

9. Surprise Pregnancy: The Unexpected Deal Breaker

If you find out your wife was pregnant by another man at the time of your marriage, you can file for divorce. But there’s a catch—you must prove you had no clue about the pregnancy when you tied the knot.

10. Habitual Drunkenness or Drug Abuse: The Party’s Over

If your spouse turns into a habitual drunk or drug abuser after you get married, that’s solid ground for divorce. But here’s the kicker: if you knew about their substance abuse issues before you got hitched, you can’t use it against them now.

11. Inappropriate Marital Conduct: The Catch All

The language of this statute is much harsher than the way it’s interpreted in court. Nearly everyone has been guilty of inappropriate marital conduct at some point and you’ll notice most contested divorces are granted on this ground

12. Indignities: When Respect is Out the Window

If your spouse has offered indignities that render your position intolerable, like inflicting or attempting to inflict corporal pain, you’ve got grounds for divorce.

13. Abandonment: When They Walk Out

If your spouse has abandoned or turned you out of doors without a good reason, you can file for divorce.

Navigating the Rough Waters

These fault-based grounds can make an already tough process even more complicated, especially when it comes to child custody and alimony. That’s why having an experienced, honest, and aggressive family law attorney is crucial.