Grounds for Divorce in Tennessee

Before anyone can get a divorce in Tennessee, they must be able to show that they have valid legal grounds for one. A marriage creates a legal status, so there must be a valid reason for a court to change this status. Tennessee recognizes no-fault and fault-based grounds for divorce. Specialized Nashville family law attorneys share the grounds that may establish your right to divorce in Tennessee.

No-Fault Grounds for Divorce

Tennessee recognizes two no-fault grounds for divorce. The first and most common cause for filing is irreconcilable differences, which means the couple has problems they cannot overcome to continue the marriage. The second no-fault ground for divorce is physical separation. You can use this ground for divorce if you and your spouse have lived in separate residences for at least two years and you have no minor children.

Fault-Based Grounds for Divorce

Tennessee recognizes several fault-based grounds, including:

  • Indignities – This ground alleges that your spouse has treated you with such indignities that are intolerable, forcing you to move for divorce.
  • Cruel and inhuman treatment – Cruel and inhuman treatment is such behavior that makes cohabitation unsafe and improper, such as physical or emotional abuse.
  • Adultery – If your spouse has cheated on you, you can file for divorce based on this information.
  • Pregnancy – If the wife is pregnant by another person without the husband’s knowledge, this is a ground for divorce in Tennessee.
  • Abandonment – Abandonment in Tennessee includes turning the spouse out of doors for no just cause and not providing financial support for them when they can afford to do so.
  • Desertion – Desertion by either spouse for at least one year without a reasonable cause that is willful or malicious is another ground for divorce in Tennessee.
  • Habitual drunkenness or drug abuse – Habitual drunkenness or abuse of narcotic drugs that occurred after the marriage provides another ground for divorce in this state.
  • Impotence – If either spouse is impotent and incapable of having children and had that condition at the time of entering into the marriage, this can be a valid basis to file for divorce.
  • Refusing to move to Tennessee – If either spouse refuses to move to the state without reasonable cause and was willfully absent from the other spouse, this ground can be alleged in the divorce complaint.
  • Conviction of an infamous crime or felony – You can file for divorce if your spouse has been convicted of an infamous crime or a felony for which they are sentenced to time in the penitentiary.
  • Bigamy – If your spouse has knowingly entered into a second marriage while still being legally married, you can seek a divorce on the grounds of bigamy.
  • Attempted spousal murder – If your spouse has attempted to kill you, you can file for divorce on this ground.

Do You Have Grounds for Divorce in Tennessee?

As you can see from the information above, it can be difficult to determine whether you have valid grounds for divorce. Special definitions and rules also apply regarding what you must prove to establish a legal ground for divorce in Tennessee. An experienced Nashville divorce lawyer from Burdine Law Firm can review your situation during a free consultation. Call us at (629) 299-2228 or contact us online to get started.