No-Fault Tennessee Divorce

Before 1970, a no-fault divorce was not possible. You had to prove the fault of the other spouse before filing for divorce with a Memphis divorce attorney. Accepted reasons for divorce included imprisonment, desertion, adultery, cruelty and inability to have sex. If none of these reasons applied to the couples, then couples sometimes were forced to lie, resulting in divorces that were based on perjury and fraud.

This is no longer the case. Although each state has different requirements for filing for divorce, it is no longer necessary for couples to lie about the reason for their divorce, thanks to “no-fault” divorces, which originated in California in 1970 and have been adopted by every other state since then.

A no-fault divorce still requires a reason as to why the marriage ended. There are also residency requirements that apply. Contact a Memphis divorce attorney for more information.

Reasons Still Required for No-Fault Divorce

In order to file a no-fault divorce, you still need to provide a valid reason so although reasons may vary by state, there are generally three main reasons:

• irreconcilable differences;
• incompatibility; and
• irremediable breakdown of the marriage.

Your spouse cannot reject your decision to file for divorce because the refusal itself is considered an irreconcilable difference. In addition, you do not need to prove that the divorce is the other spouse’s fault.

Residency Requirements

In addition to providing a reason for the divorce, a no-fault divorce may require that you have lived in the state where you intend to file for divorce for a specified period of time. Most states have a residency requirement of six months to one year.

There are three states that have no residency requirement for a no-fault divorce: 

• Alaska;
• South Dakota; and
• Washington.

Although it may sound easy to move to one of these states and start the divorce proceedings instead of waiting until you meet the residency requirements of your current state, it is much easier to file in your current home state.

Court proceedings can be lengthy, and if you seek changes to your divorce or child custody agreement later, you will have to travel back to the state in which you filed the divorce. This can be not only costly, but also inconvenient.

Other Requirements

In addition to residency requirements, your state may enforce a waiting period before you can file for a no-fault divorce. Research has shown that shorter waiting periods or no waiting periods at all have resulted in higher divorce rates.

This waiting period can be up to six months and as long as one year if certain issues are not resolved. Additional waiting periods may apply if children are involved.

Some states may require that both spouses live apart for a certain period of time. Again, it will depend on the state in which you live, but the period may range from six months to one year. Contact a Memphis divorce attorney to see what requirements apply to your no-fault divorce case.

Contacting a Lawyer

No matter what the reasons for your divorce, it can be a stressful situation for everyone involved. Emotions are known to run high, and there are often disagreements about children, finances and living arrangements. Although there are alternative divorce methods such as mediation and arbitration, you will reap the most benefits by hiring a Memphis divorce attorney, especially if children or many assets are involved.

If you and your spouse are considering a no-fault divorce, you need legal help. Preserve your legal rights by contacting a Memphis divorce attorney. The Miles Mason Family Law Group has the expertise to help you achieve your goals. Contact them today at 1-901-683-1850.