Divorce Attorneys in Knoxville and all of Tennessee

• 1. Grounds.

  Courts will not grant a divorce unless there are legally sufficient reasons to dissolve a marriage. These reasons are called "grounds." The simplest, least emotional and least traumatic ground for divorce is called "Irreconcilable Differences."

  • a. Irreconcilable Differences.

    An irreconcilable differences divorce is essentially a no fault divorce. To obtain this kind of divorce, both spouses must be in total agreement on all aspects of the dissolution. They must enter, and file with the court, a notarized, written Marital Dissolution Agreement which makes sufficient provisions for the custody and support of any children of the marriage (Permanent Parenting Plan), for an equitable settlement of all property rights (assets and debts), for spousal support (if any), and incorporates all the provisions required by statute.

    A divorce on the ground of Irreconcilable Differences must have been filed for at least ninety days if there are minor children of the marriage, or at least sixty days when there are no children, before it can be granted by the court.

    When there is no agreement as to all the terms of the marital dissolution, or when only one person is seeking to end the marriage, the divorce must be based on some other ground.

  • b. Stipulated Grounds.

    The parties may stipulate (formally agree) to the grounds for divorce so that no proof is required.  The parties in court may stipulate that the court grant the divorce to either or both parties.

    c. Other Grounds

    The fault grounds for divorce in Tennessee are found at Tennessee Code Annotated § 36-4-101 and are that either party:

    1. Was naturally impotent or incapable of procreation at the time of the marriage;
    2. Had already married someone else;
    3. Has committed adultery;
    4. Has deserted the other party without reasonable cause for one year;
    5. Has been convicted of any crime which renders that person infamous;
    6. Has been convicted of a felony and sentenced to confinement in the penitentiary;
    7. Has attempted to kill the spouse;
    8. Has refused to move to this state with the other party without a reasonable cause (and has been absent from this state for a period of two years);
    9. The wife was pregnant at the time of the marriage, by another person, and without the knowledge of the husband;
    10. Habitual drunkenness or narcotic drug problem that developed after the marriage;
    11. Is guilty of cruel and inhuman treatment (or inappropriate marital conduct) toward the other party rendering cohabitation unsafe;
    12. Has offered such indignities to the other party to render that person's position intolerable and that has forced that person to withdraw;
    13. Has abandoned the other and is refusing to provide for the other party while having the ability to so provide;
    14. The parties have been continuously separated for a period of two or more years, there are no children of the marriage and they have not cohabitated as husband and wife during that two years.

  A spouse cannot rely upon his or her own conduct to divorce an innocent spouse. The person seeking a divorce must allege the fault of the other person and, in some cases, his or her own fault will prevent a divorce from being granted.