What Are the Grounds for Divorce in Tennessee?
Divorce is tough on everyone involved – from spouses and children to extended family and friends. It’s an emotional decision and a legal one. According to the National Marriage and Divorce Rate Trends by the CDC, the nation’s divorce rate sits at about 2.4 divorces per 1,000 people.
Every divorce is different – but all cases require a legal reason for doing so. At Mandy Hancock Law, we’ve worked with hundreds of Tennessee families as they navigate this difficult process. In this post, we will clearly explain the grounds for divorce in TN, what families need to know, and what the next steps look like.
Having a basic understanding of the state’s divorce law and your legal rights can help you move forward properly. Let’s dive in.
Why Knowing the Grounds for Divorce Matters
Establishing grounds for divorce is the first step in the long legal process when you dissolve a marriage. Knowing the correct grounds can save you time, money, and stress. Most importantly, the grounds affect how the court sees your case, which has significant implications on child custody, support, property division, and more.
Using the wrong grounds could potentially delay your case. In some scenarios, it can lead to dismissal and may require you to start the process over. Having clear and valid grounds from the beginning builds a strong foundation and helps your family law attorney prepare the right strategy.
In high-conflict cases, strong grounds may influence how the judge rules.
What Exactly Are “Grounds for Divorce?”
All divorces must be based on grounds.
According to Cornell Law School, grounds for divorce are defined as the “legally acceptable” reasons for a divorce.
These legal reasons help the court understand why the marriage is ending. Additionally, the type of grounds you choose can impact how long the process takes and potentially how contested it becomes. It may also influence decisions about property, custody, and support.
In Tennessee, grounds for divorce are generally grouped into two categories: no-fault and fault-based divorces.
No-Fault Grounds for Divorce in TN
No-fault divorce grounds are usually the easier option when filing for divorce. This term typically describes an uncontested divorce. It applies when neither spouse blames the other for the split. In these scenarios, while not always amicable, the divorce happens without having to establish fault. Couples need to state that there was an unfixable breakdown in the marriage, and that both parties wish to end it.
In Tennessee, there is one primary ground for no-fault divorces:
- Irreconcilable differences
“Irreconcilable differences” simply means your marriage can’t be fixed. Fault-Based Grounds for Divorce in TN
If neither spouse can agree on the grounds for divorce – or one partner’s actions were the primary cause for the breakup – you can file a fault-based divorce in Tennessee.
Fault-based divorces in TN require proof of reasonable cause from the court system, which can make the process more complicated.
Whatever the cause is, you’ll need evidence like witness testimony, documents, or other records to support your claims. Filing on fault-based grounds can influence certain outcomes, like alimony, and who keeps certain property. In some cases, it may also affect custody if the spouse’s behavior harmed any children.
Here are the most prominent fault-based grounds for divorce in TN:
- Adultery
Adultery – or infidelity – is one of the most common forms of inappropriate marital conduct that results in divorce. According to data reported by Couples Academy, around 75% of divorces involve adultery.
For adultery to be a legal ground for divorce in TN, you must show that your spouse had a sexual relationship with someone else during the marriage. This is typically done through texts, photos, witness accounts, or even admissions. Adultery may also impact alimony or property division, especially if marital funds were spent on the affair.
Even if your spouse committed adultery once, it can still qualify as a valid ground for divorce in Tennessee.
- Cruel and Inhuman Treatment
If you are a victim of physical or emotional abuse, it can be legal grounds for divorce. Courts in TN take this very seriously, especially if there’s a pattern of abuse or harm in the relationship. Verbal attacks, threats, or controlling behavior may also count as cruelty.
Fortunately, you do not have to suffer a serious injury or endure ongoing emotional abuse to prove cruel or inhumane treatment. This ground is typically proven through therapist notes, witness statements, and in extreme cases, police reports.
- Habitual Drunkenness or Drug Abuse
If your spouse has a long-term addiction to drugs or alcohol, it can be a valid reason to divorce if it has a direct and negative impact on your marriage. Proving this ground is not always easy. You’ll need to show that the addiction started after you got married – and affects your life or safety.
Proof can include rehab records, DUI charges, or behavior changes related to substance use. This ground is commonly used when the addiction leads to neglect, financial hardship, or physical/emotional abuse.
For this to be a valid fault-based ground, the substance abuse must be ongoing, not a one-time incident.
- Desertion
Desertion refers to situations in which your spouse leaves you without a reason. Additionally, they stayed willfully absent for at least one year. To prove this fault-based ground for divorce, you’ll need to show the separation wasn’t mutual and that you were left alone. You must also show you didn’t force them out or agree to the separation.
Desertion needs to be willful and continuous, with no attempts made to return. This ground can apply even if the spouse lives nearby but has abandoned all marital duties.
- Felony Conviction
If your spouse is convicted of a felony and sent to prison, that can be a very strong legal ground for fault-based divorce. In these scenarios, you don’t have to wait until they are released from custody — the conviction itself is typically enough.
This ground for divorce applies whether the crime was violent or not. If it led to prison time, it may be valid. The court will likely request official records or sentencing documents as proof.
- Impotence or Infertility at the Time of Marriage
If your spouse was unable to have sexual relations or children – and didn’t tell you before marriage – it may be considered fraud. This condition must have existed before the wedding and was hidden from you.
This ground only applies if the condition is permanent and undisclosed. If you knew about it before marriage, it may not qualify as a valid ground for divorce. You will need to provide medical records or expert testimony to support your claim.
- Bigamy
Bigamy is relatively rare in the United States, but it still happens. There are generally two types of bigamy: accidental bigamy and deliberate bigamy.
Accidental bigamy usually happens when a person believes their spouse has passed away, and then remarries – only to find out later their first spouse is still alive. Deliberate bigamy, on the other hand, happens when a spouse intentionally gets remarried while still legally married to another person.
Bigamy typically makes your marriage a valid ground for divorce (accidental or deliberate). The second marriage is considered void from the beginning.
Proof for this ground can include marriage certificates, public records, or testimony from the other spouse. Bigamy is a Class A misdemeanor in Tennessee and can potentially lead to criminal charges.
- Refusing to Move in After Marriage
If your spouse refuses to live with you after the wedding, that’s referred to as a “willful refusal to cohabit.” This is a relatively rare scenario, but it is a legal reason to file for divorce in Tennessee.
In essence, refusal to cohabit displays an unwillingness to be a true spouse from the start. To validate this ground, you need to show that the refusal was not due to illness, fear, or other valid reasons. Many divorces based on this ground usually apply in very short marriages.
- Attempting to Kill the Other Spouse
In extreme cases, attempted murder of a spouse is a legal fault-based divorce ground in TN. This can include both planned attempts and violent actions with the intent to kill.
To prove this ground, you need to provide police reports, hospital records, or restraining orders to establish proof. In many cases, this ground also leads to criminal charges against the offending spouse.
- Conviction of an Infamous Crime
Convictions are a common fault-based ground for divorce in TN. If your spouse was convicted of a serious or shameful crime, like fraud or embezzlement, it can hurt your reputation. In these scenarios, you can use that conviction to support your divorce filing.
Generally speaking, the crime must involve dishonesty or moral failing, not just a basic violation of the law. You will need to produce court records or news reports to support this ground.
Frequently Asked Questions About Grounds for Divorce in Tennessee
When to Talk to a Family Law Attorney in Tennessee
Filing for divorce is an extremely difficult step for everyone. In addition to the emotional toll, the steps involve many state-specific rules, paperwork, and filing deadlines. Whether you are seeking a fault-based or no-fault divorce in Tennessee, it’s strongly recommended to work with an attorney.
A skilled Tennessee divorce lawyer can guide you and make sure your rights are protected throughout the entire divorce process.
They can help you understand the legal grounds for your case and assist you in gathering proof/evidence. Most importantly, divorce attorneys can represent your interests in negotiations or court, making sure you achieve a fair outcome.
If you have children, marital property, or significant assets, consulting with a lawyer becomes even more important.
Know Your Rights Under Tennessee Divorce Law
Understanding the grounds for divorce in TN can give you clarity during a hard time. Whether it’s a no-fault split or a fault-based case, you deserve a rightful path forward.
If you’re considering a divorce in Tennessee, take the first step and speak with someone who cares and can help. Mandy Hancock Law has represented hundreds of divorcing spouses, both for uncontested and contested divorce. Our mission is to help families navigate difficult times with compassion, professionalism, and a dedication to fair outcomes.
Schedule a consultation with a Tennessee family law attorney today.
