What Are the Grounds for Divorce in TN?
If you’re considering divorce in Franklin, Tennessee, state law recognizes 15 statutory grounds under T.C.A. § 36-4-101.
The following are causes of divorce from the bonds of matrimony according to the law:
- One spouse, at the time of the contract, was and still is naturally impotent and incapable of procreation
- One spouse has knowingly entered a second marriage, in violation of a previous marriage, still subsisting
- One spouse has committed adultery
- Willful or malicious desertion or absence of one spouse, without a reasonable cause, for 1 whole year
- Being convicted of any crime that, by the laws of the state, renders the party infamous
- Being convicted of a crime that, by the laws of the state, is declared to be a felony and sentenced to confinement in the penitentiary
- One spouse has attempted the life of the other, by poison or any other means showing malice
- Refusal, without a reasonable cause, to remove with the person’s spouse to this state and being willfully absent from the spouse residing in Tennessee for 2 years
- The woman was pregnant at the time of the marriage by another person, without the knowledge of the husband
- Habitual drunkenness or abuse of narcotic drugs by one spouse when that person contracted either such habit after marriage
- The spouse is guilty of such cruel and inhuman treatment or conduct toward the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct
- The spouse has offered such indignities to their partner as to render the partner’s position intolerable and thereby forced the partner to withdraw
- The spouse has abandoned their partner or turned the partner out of doors for no just cause and has refused or neglected to provide for them while having the ability to do so
- Irreconcilable differences between the parties
- For a continuous period of 2 or more years that commenced before or after April 18, 1985, both parties have lived in separate residences, haven’t cohabited as man and wife during such period, and have no children together who are minors
Tennessee’s no-fault grounds are irreconcilable differences and living separately for two continuous years without minor children. An irreconcilable-differences divorce requires a complete written agreement resolving child custody, support, and property issues. It can’t be granted while those issues remain contested.
In TN, when spouses have no shared minor children, a divorce complaint or petition must be on file for 60 days before being heard. When they share a minor child, the petition must be on file for at least 90 days before being heard. The 60-day or 90-day period begins on the date the complaint or petition is filed.
Tennessee Divorce Residency Requirements
A Tennessee court can grant a divorce when the grounds arose while the spouse filing the case was a genuine Tennessee resident. If the grounds occurred outside Tennessee, one spouse must have lived in the state continuously for at least six months immediately before the complaint is filed.
A service member or military spouse who has lived in Tennessee for at least one year is presumed to be a Tennessee resident for divorce purposes unless clear and convincing evidence establishes domicile elsewhere.
Filing a Divorce in Williamson County
Williamson County divorce cases may be filed in either the Williamson County Circuit Court or the Williamson County Chancery Court. Both courts have jurisdiction over divorce actions and sit at the Williamson County Judicial Center.
In the 21st Judicial District, divorcing parents with minor children must complete a court-approved four-hour parenting seminar before the case can proceed to a trial setting.
Types of Spousal Support in Tennessee
Tennessee courts may award one form of spousal support or combine multiple forms based on the circumstances of the marriage and each spouse’s financial position.
The available forms of support include:
- Rehabilitative alimony: Support intended to help an economically disadvantaged spouse improve earning capacity when rehabilitation is possible.
- Alimony in futuro: Periodic, long-term support when rehabilitation isn’t feasible. It may continue until the recipient’s death or remarriage.
- Transitional alimony: Support intended to help a spouse adjust to the financial consequences of divorce when rehabilitation isn’t necessary.
- Alimony in solido: Support awarded as a fixed total amount, whether paid at once or in installments.
Rehabilitative alimony may be increased, decreased, extended, or terminated after a substantial and material change in circumstances.
Divorce Mediation Before Trial
Each person in a contested Tennessee divorce must attempt mediation before a trial date is set. Tennessee Supreme Court Rule 31 establishes mediator qualifications and the rules governing the process.
Mediation isn’t required when the spouses have filed a Marital Dissolution Agreement, a written contract resolving all divorce issues. The court may also excuse mediation when it finds that the process would likely result in an impasse.
How I Support You & Your Family During Divorce
I provide timely, efficient family law services for your divorce in Middle Tennessee, including:
- Guidance on child custody, visitation, and parenting-time schedules based on the best interests of the child
- Child support aligned with Tennessee’s income-based state guidelines
- Equitable distribution of property and assets
- Business valuation when ownership in a closely held family company must be divided
- Forensic accounting to investigate hidden assets
- Strong advocacy for fathers’ rights in divorce decisions and outcomes
- Post-judgment issues such as parental relocation and other lifestyle changes requiring modification of divorce obligations
