Grounds for Divorce in Tennessee
In Tennessee, the grounds for divorce can be classified into two main categories: no-fault and fault-based. A no-fault divorce does not require proof of wrongdoing by either party; it simply requires that the marriage is irretrievably broken or that both parties have irreconcilable differences.
No-Fault Divorce
To qualify for a no-fault divorce in Tennessee, you must meet certain requirements:
- At least one spouse must be a resident of Tennessee for at least six months.
- If you have children, you will need to adhere to a mandatory waiting period of 90 days after filing before the divorce is finalized (60 days if there are no children).
Fault-Based Divorce
While no-fault divorces are the most common, Tennessee allows for fault-based divorces under specific circumstances. This can be useful if you believe your spouse’s actions have significantly harmed the marriage, potentially impacting alimony and property division decisions.
The grounds for a fault-based divorce in Tennessee include:
- Adultery
- Inappropriate marital conduct
- Cruel and inhuman treatment
- Habitual drunkenness or drug addiction
- Imprisonment for a felony
Pursuing a fault-based divorce is more complex, so it’s essential to consult with an experienced divorce attorney who can help you navigate the intricacies of proving fault.
How to Proceed with Your Divorce in Tennessee
Once you’ve determined the grounds for your divorce, the next step is to file your divorce petition. This document outlines your reasons for seeking a divorce and specifies the relief you request, such as custody, support, or asset division.
In Knox County, divorce petitions must be filed with the Chancery or Circuit Court Clerk’s Office. Along with your petition, you’ll need to submit several supporting documents, including:
- A summons to serve on your spouse
- A parenting plan (if applicable)
- Statistical information about the parties
Be prepared to pay a filing fee. After filing, the documents must be served on your spouse, typically through a sheriff or process server.
Negotiating Divorce Terms
Negotiating the terms of your divorce can lead to more favorable outcomes for both parties. This approach gives you a say in key decisions such as asset division, child custody, and financial support.
Partnering with a Knoxville divorce attorney protects your interests during these negotiations. Divorce negotiations can be emotionally charged, so having a legal advocate by your side is vital to prevent being taken advantage of.
Finalizing Your Divorce Agreement
If you and your spouse reach a settlement, you can file a marital dissolution agreement and, if applicable, a permanent parenting plan with the court. These documents will cover important aspects of your divorce, including:
- Child custody and visitation
- Child support
- Alimony or spousal support
- Division of property and debts
- Retirement accounts and assets
The court will review your agreement to ensure it’s fair, especially concerning children. Typically, a judge will approve the agreement unless it appears inequitable or fraudulent.
Mediation
Many divorces involve mediation, a constructive way for couples to resolve disputes amicably. In Tennessee, mediation allows both parties to collaborate with a neutral third-party mediator to find mutually agreeable solutions for issues like child custody and asset division. The mediator will help draft the marital dissolution agreement and, if applicable, permanent parenting plan that formalizes the agreed-upon terms.
If mediation doesn’t yield a full agreement, you can still proceed to court. However, mediation often promotes a more cooperative atmosphere, leading to a smoother divorce process.
Court Appearance & Finalization
Even if you settle with your spouse, you must still appear before a judge to finalize your divorce. During this appearance, you’ll confirm the details of your marital dissolution agreement under oath, allowing the judge to ensure all aspects of the divorce are handled correctly.
If you cannot agree on the divorce terms, you may need to attend a trial where the judge will make decisions on your behalf. More contentious cases may require multiple days of trial as well as interim hearings to resolve outstanding issues.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation with a local Knoxville family lawyer.
Grounds for Divorce: FAQs
How does adultery affect divorce in Tennessee?
Tennessee is a ‘no fault’ state which means that fault does not affect the equitable division of marital property. Fault can, however, impact alimony. Adultery is considered a fault-based ground for divorce in Tennessee. The burden of proof lies with the spouse making the claim, and it may require substantial evidence, such as testimony or documentation.
Can I file for divorce if my spouse has a substance abuse problem?
Yes, habitual drunkenness or drug use is a fault-based ground for divorce in Tennessee. If your spouse’s substance abuse has made it unsafe or unreasonable to continue the marriage, you may file for divorce on these grounds. This issue can also impact child custody arrangements, as the court will consider the well-being of the children when determining parental responsibility.
Can I file for divorce based on irreconcilable differences?
In Tennessee, a no-fault divorce based on irreconcilable differences requires both spouses to agree. If your spouse does not agree, you may need to file on fault-based grounds or wait until you meet the conditions for other grounds, such as living apart for two years.
What if my spouse contests the grounds for divorce?
If your spouse contests the grounds for divorce, the case may go to court, where evidence and testimony are presented to prove or refute the grounds. This can lengthen the divorce process and increase legal costs, making it essential to have an experienced divorce lawyer to represent you in court.
How Can a Tennessee Divorce Lawyer Help?
Navigating the complexities of divorce in Tennessee can be daunting, but an experienced attorney can provide the guidance and support you need. From filing your petition to negotiating terms and representing you in court, having a divorce lawyer with a deep understanding of Tennessee divorce law can significantly ease the process and help you achieve a favorable outcome.
Let Haines Family Law Guide You Through Divorce
The attorneys at Haines Family Law have extensive experience in divorce matters. We understand your challenges and are here to ensure your rights are protected throughout the process.
Call Haines Family Law today at 865-391-8174 or contact us online to schedule a free 20-minute consultation about your case.
