Fault and No-Fault Based Grounds in Tennessee Divorce

Making the decision of getting a divorce in Memphis can be an emotional rollercoaster without the right information and support.

Friends and family can help you emotionally, but it may take a professional Tennessee divorce attorney to help you on the legal side of filing for divorce.

Understanding the Tennessee Divorce Laws

To file for divorce in Tennessee, there are several things you must prove first before submitting the official petition. 

One of the first considerations is residency – you must be a Tennessee resident for at least 6 months prior to filing for divorce. You must also file the petition in the county where you and your spouse reside if you are both residents, or the county of either resident spouse.

Once you know where to file your divorce, you’ll need to determine the reason you are getting a divorce. This is known as the grounds for filing and should reflect the reason you believe you no longer can be married to your spouse. The Tennessee divorce laws recognize 2 grounds for divorce: no-fault and fault.

2 Types of Divorce in Tennessee: No-Fault and Fault

A no-fault divorce case cites irreconcilable differences between spouses as the grounds for divorce. In these cases, both spouses must not deny the grounds for divorce and sign a marital dissolution agreement. Another situation is if the spouses have been living apart without cohabitation for at least 2 years and there are no minor children involved in the divorce.

A fault-based divorce is when there is a specific situation or action that caused the filing spouse to seek a divorce. The grounds for a fault divorce include:

• bigamy;
• adultery;
• abusive behavior; and
• many other situations in which the filing spouse would want to dissolve the marriage.

One of the major issues with a fault divorce is that one spouse blames the other for the end of the marriage. This often results in a contested divorce, which means you will have to begin the process of providing evidence to support the grounds you claim for divorce.

Providing Evidence, Filing a Petition for Divorce and More

All of these preparations are pre-divorce work; you must take care of these matters before you even file your petition with the Tennessee courts. Once you’ve established the grounds for divorce, you’ll need to file the primary documents, known as the Petition for Divorce. These forms are filed with the Office of the Clerk of the County Circuit Court.

The forms for getting a divorce in Memphis can involve more than 20 separate documents and need to include:

• all of the personal information for each spouse;
• the grounds for divorce;
• evidence of all elements of the divorce; and
• much more. 

Collecting this information can be tedious and time-consuming, especially when you’re trying to move on with your life and protect your family.

The Importance of a Tennessee Divorce Attorney in Your Divorce Case

There can be a lot at stake during the divorce process, whether it is contested or uncontested. You may find yourself struggling for:  

• your rights to child custody;
• alimony;
• child support;
• marital property; and
• stakes in a joint-owned company.

Because there is so much at stake in your divorce, especially your future, you should give yourself every advantage possible during the trial and settlement process. You can seek professional help from a Tennessee divorce attorney in your area to help guide and support you through this difficult and emotional time.

Trust Our Tennessee Divorce Attorney to Help Protect Your Family

We know getting a divorce in Memphis is never an easy situation to face for you or your family. A divorce can become even more complicated when you and your spouse have valuable assets to divide, a family business or other financial matters to contest.

At the Miles Mason Family Law Group, PLC, our Tennessee divorce attorney team is here to help you and your family through the divorce process with the highest respect and care. We focus on both the emotional and financial burdens you may face during this time and help ease the stress on your personal life.

Our attorneys are professionals in both Tennessee family law and also in forensic accounting. We bring more than just emotional relief to our clients; we also help protect their financial future. To schedule a confidential consultation, contact our office – 1-901-683-1850.