In order to file for divorce, you need to work with an attorney to file a petition with the court. In the petition, you’ll be required to state your grounds, which are the reasons why you want to end your marriage. Each state has different grounds under which you can file, so it’s important to know the requirements of your state. To learn which grounds can be used in Tennessee, take a look at the overview below.

No-Fault Divorce

In a no-fault divorce, an individual is not required to prove that their spouse did something wrong to be granted a divorce. Instead, they can cite “irreconcilable differences,” which simply implies that the marriage is irretrievably broken.  

While Tennessee is not a true no-fault divorce state, it does permit no-fault divorces if both parties are able to agree on all of the terms of their divorce and sign a marital dissolution agreement. If they have young children, they’ll also be required to submit an agreed-upon parenting plan. Your attorney will be able to tell you the exact requirements you must meet based on your specific situation.

Fault Divorce

When an individual files for a fault divorce, they’re alleging that their spouse’s improper behavior is the reason why they’re seeking to end the marriage. In Tennessee, there are more than a dozen grounds that can be used. Your attorney can explain them all to you and advise which might best fit your circumstances. Some of the most common include adultery, bigamy, cruel and inhuman treatment, alcohol or drug abuse, and willful or malicious desertion for one year.

In order to be granted a divorce on fault grounds, the spouse’s alleged behavior must be proven. This can be done by going to trial and having an attorney present solid evidence of the offense. A trail can be avoided, however, if the offending spouse agrees to the fault grounds in writing.

If you’re considering filing for divorce in Tennessee, get in touch with the Law Office of Mark W. McFall. For more than three decades, this seasoned attorney has helped clients in Johnson City, TN, navigate the complex process of no-fault and fault divorce. He’s also experienced in real estate disputes and conservatorships. Visit the firm’s website to learn about all of his practice areas, and call (423) 926-3070 to speak to a representative.