What are the Grounds for Divorce in Tennessee?
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Under Tennessee law a couple who wants to end their marriage has a couple of options when it comes to grounds for divorce. In order to be granted a divorce you must prove the grounds for divorce or you and your spouse may agree that there are simply irreconcilable differences between you. At the law firm of Miller Upshaw Family Law, PLLC our Nashville divorce attorneys can guide you through the divorce process so that you can end one chapter in your life and begin a new one.
The couple may both agree that there are irreconcilable differences between them and that the marriage is over. If they do not both agree, then fault grounds must be proven.
If the divorce will be on fault grounds, a party must prove by credible evidence including testimony that one or more of the following legal grounds for divorce exist:
- Impotency and the incapability of procreation
- Bigamy on the part of either spouse
- Adultery on the part of either spouse
- Desertion for two years or more
- Conviction of a crime which renders the party infamous
- Conviction of a crime (felony) and confinement to the penitentiary
- Inappropriate marital conduct or cruel and inhuman treatment
- Malicious or deliberate attempted murder of that spouse
- Habitual drunkenness or drug abuse
- Pregnancy at the time of the marriage by another man without the husband’s knowledge
- Refusal, on the part of a spouse, to remove with that person’s spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years
- The husband or wife has offered such indignities to the spouse’s person as to render the spouse’s position intolerable. Thereby forcing the spouse to withdraw from the marriage.
- The husband or wife has abandoned the spouse. Or turned the spouse out of doors for no just cause. And has refused or neglected to provide for the spouse while having the ability to so provide.
- For a continuous period of two (2) or more years which commenced prior to or after April 18, 1985, both parties have lived in separate residences, the parties have not cohabitated as man and wife during such period, and there are no minor children of the parties
Does adultery affect property division and alimony?
The equitable division of assets and whether or not alimony is awarded are at the discretion of the court. Courts are not supposed to consider fault of a spouse when dividing marital assets. Sometimes, unless the spouse who committed adultery also dissipated marital assets in the conduct of the affair, the Court will not take adultery into consideration when dividing the marital property. However, whether fault grounds such as adultery will have an impact on the alimony and/or attorney fee award depends on the situation, and on whether the party who is seeking alimony or the party who would pay alimony is at fault.
Schedule a consultation with an experienced Nashville divorce attorney today
At the law firm of Miller Upshaw Family Law, PLLC our attorneys help our clients navigate the challenges of divorce and other family law disputes in the Nashville area. Call us today at 615-454-9899 or contact us online to schedule a consultation with an experienced attorney.