Grounds for Divorce in Tennessee

Many Tennessee couples use irreconcilable differences with a full settlement. Tennessee also recognizes a broad list of fault grounds and a second no-fault option for spouses with no minor children.

No-Fault Grounds

Irreconcilable differences (usually with a signed settlement), or living separate and apart for two years with no minor children.

Fault Grounds

Common grounds include adultery, inappropriate marital conduct/cruelty, willful or malicious desertion, impotence, habitual drunkenness or drug abuse, conviction of an infamous crime or felony, attempted murder of the spouse, pregnancy by another at the time of marriage without the husband’s knowledge, and others. Fault requires proof and usually increases time and cost.

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FAQs

Do I have to prove fault to get divorced in Tennessee?
No. Most cases proceed on irreconcilable differences with a settlement, or on two years’ separation if there are no minor children.

Does fault affect alimony in Tennessee?
It can. Marital fault may be considered among factors when setting alimony.

Is there a waiting period?
Yes, for irreconcilable differences: 60 days without minor children, 90 days with minor children before the court can grant a decree.