Divorce has become a significant part of life in this country.   A divorce may be necessary to clear away a problem that blocks you from leading a better life. Divorce is never pleasant. Some divorces are more unpleasant than others.

This website offers a summary of the law, as I understand it at the time of writing and posting (March 2008). The law is always subject to amendment by the legislature, reinterpretation by the courts, different application by different judges, and factual variation from case to case. If you need a lawyer outside my area, ask me or call before acting on what you have read, talk to a lawyer in your area - that is why they are there.

Tennessee has two types of divorces: uncontested, which are usually based on irreconcilable differences, and contested, which require proof of grounds for divorce.

An irreconcilable differences divorce requires that the parties agree to be divorced. You must have a written Marital Dissolution Agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage and makes a fair and equitable division of your property. There are also additional technical requirements, but the Marital Dissolution Agreement is the essence of an irreconcilable differences divorce. As for assessing fault for the marriage breakdown, you only need to say that differences have arisen that will prevent you from living together as husband and wife.

A traditional contested divorce is a case in which the parties cannot agree and must go to trial. The most common grounds for a contested divorce are:

  1. Adultery
  2. Habitual drunkenness or abuse of narcotic drugs that was contracted since the marriage
  3. Living separately and apart for two (2) years with no minor children
  4. Inappropriate martial conduct (which may also be referred to as "cruel and inhuman treatment")
  5. Willful or malicious desertion for one (1) full year without a reasonable cause
  6. Conviction of a felony and sentencing to the penitentiary
  7. Pregnancy of the wife by another before the marriage without the husband’s knowledge
  8. Willful refusal to move to Tennessee with your spouse and living apart for two (2) years
  9. Malicious attempt upon the life of the other
  10. Lack of reconciliation for two (2) years after the entry of a decree of separate maintenance
  11. Impotency and sterility
  12. Bigamy
  13. Indignities offered by one spouse to the other
  14. Abandonment or refusal or neglecting to provide for spouse although able to do so.

If you are filing for divorce, you should have your grounds before you file. If you cannot prove your grounds for divorce, accusing your spouse of these grounds may be grounds for divorce for your spouse to file. Pending the final divorce, you should not do anything to give your spouse any grounds for divorce because it can probably be used against you.

As stated, this is a summary of the law in Tennessee.   Divorce cases are very factually driven.   Suggestions made by your friends and/or family members, while well-intended,  may not apply to your facts and may actually cause harm to your legal status.   If you are contemplating filing for divorce, I encourage you to seek the advice of legal counsel befor taking any action.  It could save you in the long run.   

To schedule your consultation, please call  (615) 452-4423.   

Information courtesy of Larry Rice, Attorney at Law and Author of "The Complete Guide to Divorce Practice"
Memphis, Tennessee