Grounds for Divorce in Tennessee

“Grounds for divorce” are the legal reasons for a divorce. Tennessee recognizes both no fault and fault grounds for divorce under sections 36-4-103 and 36-4-101 respectively, of the Tennessee Code.

There are two kinds of no fault grounds under which either of the spouses can file for divorce:

• (a) An irreconcilable difference between the spouses is recognized as a ‘No fault’ ground under the Tennessee Code. For the court to grant divorce on this ground a proper marital dissolution agreement needs to be executed between the parties, either of parties should deny this ground, sufficient parenting plan should be mentioned in the marital dissolution agreement.
• (b) The spouses have lived separately for a period of two years or more and the separation period has commenced prior to 18 April 1985 and the spouses have not cohabited as man and wife and have no minor children.

Under Tennessee laws, you can file for divorce on the following fault grounds:

• • Impotency
• • Bigamy
• • Adultery
• • Willful or malicious dissertation or absence for one whole year
• • Convicted against commission of crime
• • Committed felony and imprisonment
• • Attempt to endanger life of the spouse
• • Refusal of a spouse to move into the state of the other spouse without a reason and willfully staying away from the residence of the other spouse in Tennessee for a period of two years
• • Marrying an already pregnant woman, not disclosing this fact to the husband at the time of the marriage
• • Habitual drunkenness and intake of narcotic drugs after marriage
• • Cruel and inhuman treatment endangering life of the spouse
• • Abandonment

The complaint or petition for divorce will be heard by the Court only after 60 days have elapsed since the time its filed, in cases where the parties have no unmarried child under eighteen years of age and only after 90 days period has elapsed in cases where the parties have unmarried child under eighteen years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.