Leaving a marriage is rarely, if ever, easy. But when you’re unsupported, unappreciated or abused by your spouse, divorce becomes a necessary step in protecting yourself and reclaiming your identity. While no-fault divorces are becoming more common, you can still consider a fault-based divorce if you seek a more favorable settlement and emotional closure.
Tennessee recognizes no-fault grounds for divorce. Couples are allowed to get a divorce based on irreconcilable differences. However, this may seem unfair for spouses disproportionately affected financially, emotionally and physically by conflict in a marriage. By pursuing a fault-based divorce, they could receive the validation they’ve been waiting for.
Reasons for filing a fault-based divorce
In Tennessee, you can file for divorce if your spouse:
- Was impotent when you got married and still incapable of procreating
- Knowingly married you while already married to someone else
- Committed adultery
- Deserted you for at least a year with no reasonable explanation
- Got convicted of an infamous crime
- Was convicted of a felony and sentenced to imprisonment
- Tried to kill you
- Refused to move to Tennessee with you for no reasonable explanation and lived separately for at least two years
- Was pregnant with someone else’s baby when you got married
- Started habitually getting drunk and using narcotic drugs during the marriage
- Treats you cruelly and inhumanely or exhibits similar behavior that makes it unsafe for you to live with them
- Puts you in a position that makes living with them impossible
- Abandons you or forces you to leave home while refusing to provide financial support
Proving fault in a divorce can be an emotionally draining and complex process. Consulting an experienced divorce and family law attorney is advisable to determine if a fault-based divorce is best for you and your children. They can also help strengthen your case and help ensure a fair settlement.