Divorce laws vary by state, and Tennessee has specific legal reasons, known as grounds, that a court must recognize before granting a divorce. Understanding these grounds can help individuals navigate the process and determine the right path forward.
No-fault grounds for divorce
Tennessee allows for a no-fault divorce based on irreconcilable differences. This means that neither spouse needs to prove wrongdoing, only that the marriage is beyond repair. Another no-fault option applies when spouses have lived separately for at least two years without cohabitation and do not have minor children.
Fault-based grounds for divorce
Fault-based divorce requires proof that one spouse engaged in behavior that legally justifies ending the marriage. Tennessee law recognizes several fault-based grounds.
Adultery
If a spouse engages in a sexual relationship with someone outside the marriage, the other spouse may file for divorce on the grounds of adultery. Proof of the affair is necessary for the court to grant a divorce under this reason.
Cruel and inhuman treatment
Physical or emotional abuse that makes living together unsafe or unbearable qualifies as cruel and inhuman treatment. This can include physical violence, verbal abuse, or other harmful actions.
Abandonment or desertion
If one spouse leaves the other without a valid reason for at least one year, this can be considered desertion. The court may grant a divorce if the abandoned spouse did not consent to the separation.
Conviction of a crime
A spouse convicted of a felony and sentenced to prison can be grounds for divorce. The conviction must involve a crime serious enough to warrant a prison sentence.
Habitual substance abuse
Excessive alcohol or drug use that negatively impacts the marriage can be a reason for divorce. The spouse filing must prove that the addiction is ongoing and affects their well-being.
Bigamy
If a spouse is already married to someone else at the time of the marriage, the union is legally invalid, and the court can grant a divorce.
Understanding Tennessee’s divorce laws is essential for protecting legal rights. Being informed about the legal process and available options can help ensure a fair outcome based on the circumstances of the marriage.
