There is a vital ingredient needed if you want to get divorced, and that is a valid marriage. In Tennessee, the question of whether a marriage is legitimate is an important one because of how the law regards the qualifications for wedding officiants. There was a recent story in USA TODAY about a couple who were ready to get divorced, but their lawyer discovered that their marriage was not valid because they were married by a clergy member who was ordained by the Universal Life Church.

(Apparently, you do not need to study religion or take a test to be ordained with ULC. You just need to press a button on your computer, fill out a form, and just like that you are an ordained minister in their church.)

Tennessee has laws about who can perform a marriage ceremony

Per USA TODAY, “a 2015 Tennessee attorney general’s opinion says that Tennessee law was amended in 1998 to explicitly spell out who can perform marriages.” This change in the law disqualified ULC ministers from performing marriages. The Tennessee code has been revised to read:

In order to solemnize the rite of marriage, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. (TCA 36-3-301)

The fact that a couple was married by an officiant who is not legally authorized to perform weddings becomes a problem when the couple wants to get a divorce. If the couple has been together for ten or 15 years when they discover that their union was invalid, they would not have to go through the process of divorce. They would simply divide their common property. The question of dividing retirement accounts is no longer an issue, nor is alimony, because those only apply to valid marriages.

You can see what kind of life-altering problems this could lead to, especially for couples who are unevenly matched when it comes to debts or earning capabilities.

Who can legally marry a couple in Tennessee?

Couples can ask whomever they want to officiate their wedding ceremony – if they also hold a ceremony with an authorized officiant, such as:

• The governor
• The speaker of the Senate and former speakers of the Senate;
• The speaker of the House of Representatives and former speakers of the House of Representatives;
• Current and former members of county legislative bodies or county commissions;
• Current or former county mayors or county executives;
• Current or former judges and chancellors, including any judge of the United States courts who are citizens of Tennessee;
• The county clerk of each county and former county clerks who occupied the office of county clerk on or after July 1, 2014; and
• Mayors of any municipality.

At Miller Upshaw Family Law, PLLC, our skilled Nashville divorce attorneys are here to guide our clients through the complex process of divorce. To reserve an in-person or video consultation with a member of our team, please call 615-391-4200 or use our contact form today.