Divorce can be a very emotionally involved and challenging process. King Law is here to help guide you through these trying times and advocate for you in the divorce process and other family matters.
According to Tennessee statute, there are two essential grounds for divorce. The first type is “no-fault” divorces, and the second type is “fault-based” divorces.
First, to have grounds for a “no-fault” divorce in Tennessee, you must prove that you and your spouse either have irreconcilable differences or that you have lived separate and apart. Irreconcilable differences are available for parties that cannot get along and have no hope of getting back together or working out their differences. However, irreconcilable differences require more than being unable to get along to be considered grounds for divorce. For a judge to grant a “no-fault” divorce based on irreconcilable differences, the parties must have signed a divorce settlement agreement that includes provisions for dividing up the property, child support, and custody of the children in the children are minors. A “no-fault” divorce based on living apart also has specific requirements including that the parties must have lived in separate places for two continuous years, not had marital relations during those two years, and have no minor children.
Second, to have grounds for a “fault-based” divorce one of the parties must provide evidence that proves yourspouse ended the marriage by:
- committing adultery,
- inappropriate marital conduct (cruel treatment that makes the living situation with the spouse unsafe),
- “indignities” that make it intolerable for you to stay in the marriage,
- willful desertion that lasts at least a year,
- kicking you out of the home and refusing or neglecting to support you when they could do so,
- refusing to move to Tennessee with you without reasonable cause and staying apart for two years after being in Tennessee,
- being pregnant with another person’s child at the time of marriage without your knowledge,
- attempting to kill you,• habitual substance abuse that started after marriage,
- conviction of any crime that renders the party “infamous” or being convicted of a felony resulting in a prison sentence,
- marrying another person while already married, and
- the inability to procreate at the time of the marriage.
Tennessee also offers another option called a “Legal Separation” which allows one party to move out and no longer live with the other party. Once you file a Complaint for Legal Separation, the court will likely grant it unless the other party expressly objects to the legal separation. Even if the other party objects, the court may still grant Legal Separation if the grounds for divorce are also established.
Once you have classified that you have grounds for divorce in Tennessee the next step is determining whether to file for a contested or uncontested divorce at the clerk of court in Tennessee. An uncontested divorce is usually simpler, whereas a contested divorce is more complicated. Both types require that a Complaint be filed, and the filing fee be paid to the clerk of court.
King Law has successfully handled many different family matters, including divorces, over the years and would love to help guide you through the divorce process, advise you of your rights, and advocate for you during these times. If you are considering divorcing your spouse, call King Law Offices at (888) 748–KING (5464) or fill out our online consultation form to schedule an appointment with an attorney today.