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Does fault have to play a role in a Tennessee divorce?

When a person files for divorce, they are effectively asking a court to break the legal bonds that have tied them to the other person they united with through marriage. While many people enter marriages for love and companionship, they cannot simply declare their relationships over once those good feelings subside. Since marriage creates a legal union, a legal termination is required to end it, and that termination is divorce.

In Tennessee, it is possible to seek a divorce based on many different rationales. If applicable, a person may use fault as the grounds for their divorce, or they may qualify for a "no fault" basis for ending their marriage. This post will briefly discuss some of these options, but readers are cautioned that they should speak with their family law attorneys about the divorce grounds that would best serve them given their particular cases.

There are several different grounds of fault available to Tennessee residents who wish to divorce. If their partner cheats on them they may use adultery as the basis for their divorce or if their spouse is violent they may claim cruelty as the reason for their marital breakdown. Abandonment may serve as the grounds for a divorce and so too may addiction, impotency or pregnancy by another man. This list is not complete and readers should consult the Tennessee Code to find the full list of divorce fault grounds.

If a person does not wish to use fault as the reason for their divorce then they may claim that they and their spouse have irreconcilable differences that cannot be remedied. If the individual and their spouse share no children and have been separated for at least two years they may also pursue a "no fault" divorce. As every divorce case is different readers who wish to learn how best to frame their divorce filings are encouraged to talk to their divorce lawyers.

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Law Office of Sam Byrd
3828 Dayton Blvd
Chattanooga, TN 37415

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