Grounds for Divorce

13 November, 2009 by Lawrence in Divorce, Uncategorized

Tennessee is a fault-based state, which means that the person asking the court for a divorce must show that there is some basis, or reason, for the marriage to end.  The statutes offer many different possible reasons (called “grounds”).  Some of the grounds are based on a wrong the spouse has committed, some of them are things neither party can control, but still are sufficient cause for the divorce.

The available grounds for divorce are as follows:

  1. At the time of the marriage, either party was, and still is, natually impotent and incapable of having children.
  2. Either party entered this marriage while they were already married.
  3. Either party has committed adultry.
  4. Either party deserts the other for a period of at least one year.
  5. Either party has been convicted of a felony and is confined to a penitentiary.
  6. One party has attempted to murder the other.
  7. Either party refused to move to Tennessee with the spouse, without good reason, and has remained absent for at least 2 years.
  8. At the time of the marriage, the wife was pregnant by another man, without the knowledge of the husband.
  9. Either party is either habitually drunk or habitually abuses narcotic drugs, and the habit started after the marriage.
  10. One of the parties has been so cruel to the other that living together is unsafe and improper (called “inappropriate marital conduct”).
  11. One party has either abandoned or turned the other out of doors without good reason, and has refused to provide for the other spouse.
  12. Irreconcilable differences exist between the parties.
  13. The parties have lived in separate residences for at least two years and the parties have no minor children together.

If one or more of these situations exist in your marriage and you believe it’s time to make a change, contact me to find out how I can help.