Filing for divorce can be a bit more complicated in Tennessee than it is in most other states. Most states have a straightforward no-fault divorce process that allows a spouse to obtain a divorce by claiming that their marriage irreparably damaged. In these states, the divorce will be granted even if the other spouse contests this claim. Tennessee also has a no-fault divorce process, but it works a little differently. Tennessee also grants fault-based divorces.
No-fault divorces in Tennessee
No-fault divorces are usually granted in Tennessee when both spouses state in the divorce paperwork that they have irreconcilable differences and the marriage cannot be saved. They do not have to provide proof that the marriage is broken, but they do have to agree. A no-fault divorce can be granted in Tennessee based on the wishes of only one spouse if the couple has lived apart for at least two years and has no minor children.
Fault-based divorces in Tennessee
When one spouse in Tennessee wants a divorce and their husband or wife does not, the spouse seeking a divorce will be granted one if they can establish grounds. This means they must show that the actions of their husband or wife have damaged the marriage beyond repair. The grounds for obtaining a fault-based divorce in Tennessee include:
- Adultery
- Desertion
- Bigamy
- A felony conviction
- Habitual drunkenness or drug abuse
- Abandonment
Establishing grounds for a divorce can be difficult in Tennessee because proof is required. This can be provided by witness testimony, court records, financial documents or audio or video recordings.
Grounds can be important
Tennessee divorces are much easier when both spouses agree that their marriage cannot be saved and work together to reach an amicable agreement at the negotiating table or through mediation. When grounds are required, the chances of avoiding court are much lower.
