While “till death do us part” is the traditional marriage vow, relationships don’t always last forever. For those seeking a legal divorce in Tennessee, the courts provide a few legitimate reasons why wedlock warrants termination. Join us as we understand the grounds that may justify divorce under Tennessee law.
What Are Allowable Causes for Divorce Filings in Tennessee?
When filing for divorce in Tennessee, it is essential to specify a reason or grounds for your petition.
No-Fault Grounds
Tennessee allows for no-fault divorces, which means you can file based on irreconcilable differences. In this case, you do not need to provide evidence or justification; simply stating this reason is sufficient.
Fault Grounds
In addition to no-fault grounds, Tennessee recognizes several fault-based grounds for divorce. These include:
- Impotence: When you were married, your husband was impotent.
- Bigamy: Your spouse was married to another person when they married you.
- Adultery: According to Hudson, Reed & Christiansen, if your spouse engaged in extramarital affairs, you can file for divorce.
- Desertion: Your partner hasn’t been around for at least a year and left you without good reason.
- Felony Conviction: Your spouse is incarcerated after being found guilty of a felony.
- Attempted Murder: Your spouse attempted to take your life.
- Relocation Refusal: Your spouse unreasonably refused to move to Tennessee with you and has not lived with you for at least two years.
- Pregnancy at Marriage: When you were married, your partner was expecting a child from another relationship.
- Substance Abuse: Your spouse developed a habitual drug or alcohol problem after your marriage.
- Cruelty or Inhumane Treatment: Suppose your spouse has subjected you to cruel treatment, engaged in inappropriate behavior, or created an unsafe living environment. Then, you may have grounds for divorce. For instance, the crime statistics in Estill Springs, TN, illustrate the challenges faced by local law enforcement. The Estill Springs Police Department reported handling 53 cases, with 29 of those cases cleared, serving a population of 2,266 residents. This results in a crime rate of 23.30 per 1,000 individuals. Similarly, the Fayetteville Police Department managed 135 cases, successfully clearing 96 of them in a community of 6,989 people. As per NewsChannel 5, this led to a crime rate of 19.30 per 1,000 residents. It is obvious that you might start the divorce process in such a situation.
- Intolerable Living Conditions: You cannot continue to live together due to your spouse’s actions.
- Unjustified Eviction: Your spouse has demanded that you leave without cause or has abandoned you while failing to provide financial support.
- Separation: Your partner does not have any minor children with you. They have lived apart from you in a separate home for at least two years.
In the event that you want to proceed with a fault-based divorce, you will be required to present evidence in court supporting your claims.
Let us consider a recent incident in Murfreesboro, Tennessee, to understand how divorce legalities work in a better way. A man who tried to flee a traffic stop in March 2024 was taken into custody for having psilocybin mushrooms and other drugs. If he were married, his spouse could file for divorce with the support of skilled attorneys in Murfreesboro, TN.
How to File and Serve Divorce Documents in Tennessee
Obtaining a divorce in Tennessee generally involves two pathways. The first is an uncontested divorce, often based on the grounds of irreconcilable differences between the spouses. In this streamlined process, both parties are in agreement about ending the marriage.
The second route is a contested divorce, which requires one party to prove statutory grounds. This allows the court to grant the divorce over the objections of the other spouse.
Common reasons a divorce may be contested include adultery, substance abuse issues, desertion, or situations of domestic abuse. In these disputed cases, the parties cannot reach their own resolution. Therefore, a trial must be held to decide the matter.
At least six months of residence in Tennessee by one spouse is a jurisdictional requirement before either type of divorce case can be filed. As per Without My Consent, additional standards must also be met. These standards include the period of separated living depending on whether minor children were involved.
If the divorce is uncontested, the divorcing parties typically create a marital dissolution agreement. It outlines how marital assets and debts will be divided between them. Issues like ongoing spousal support or alimony may also be addressed in such a settlement contract.
Where children are part of the divorcing family, the court implements a permanent parenting plan designating custodial arrangements and a visitation schedule. If the divorce is contested, a trial will be held to determine property, support, and child-related decisions. This occurs in the absence of an agreement between the spouses. Only after a judge approves all resolutions does the divorce officially conclude, and the marriage is terminated under Tennessee law.
Waiting Period for Divorce in Tennessee
It can be emotionally taxing to deal with the divorce process. That is why Tennessee law includes waiting periods to give couples time to consider their options. The waiting periods are a cooling-off period, allowing spouses to reconsider their choice to end the marriage, particularly when children are involved.
Anyone thinking about getting a divorce in the state has to be aware of the precise procedures and ramifications of these waiting periods.
Tennessee has established specific waiting periods for divorce that vary based on the presence of minor children. As per Forbes, the court demands a ninety-day waiting time from the date of filing for divorce. This applies if you and your spouse have any minor children who are not married. You cannot file for divorce until after this time has elapsed. On the other hand, the waiting period is 60 days if no minor children are involved.
Court proceedings can begin if couples feel confident about their decision to divorce after the waiting period.
FAQs
1. How much does a divorce lawyer cost in Tennessee?
A: Tennessee divorce lawyers’ average total cost is $9,700 to $11,700. But they are typically substantially lower in situations with no contentious issues. The specific costs, however, are determined by how complicated your case is. Uncontested divorces with no disputes over property, child custody, or support tend to be more affordable.
2. Does Tennessee require separation before divorce?
A: In Tennessee, couples are not required to separate before getting a divorce. This is unless one of them petitions for a no-fault divorce after two years of no contact. However, many couples decide to split up while going through a divorce.
3. What transpires if you refuse to respond to divorce papers in Tennessee?
A: Suppose your spouse serves you with divorce papers, and you fail to file an answer within 30 days. Then, your spouse can request a “default judgment.” This means the judge will grant the divorce based solely on your spouse’s petition, without your input.
In the end, understanding the legal grounds for divorce in Tennessee is essential for anyone facing the difficult decision to end their marriage. Whether you’re considering a no-fault divorce or need to address more serious issues like adultery or cruelty, knowing your options can empower you. Being aware of your options will help you get through this difficult period.
Seeking the guidance of a skilled attorney can make a significant difference. They will ensure that you are well informed and supported every step of the way.
