Grounds for Divorce in Tennessee: No-Fault, Fault and Separation Requirements

Tennessee has fifteen grounds for divorce, including irreconcilable differences and two years in separate residences with no minor children. Fault does not affect property division, but relative fault can count in spousal support.

What are the grounds for divorce in Tennessee?

Fifteen (T.C.A. 36-4-101(a)).

GroundSubsectionWhat the statute says
Impotency(a)(1)At the time of the contract
Bigamy(a)(2)Knowingly entering a second marriage while a former one subsists
Adultery(a)(3)Cause listed
Desertion(a)(4)Willful or malicious, without reasonable cause, for one whole year
Infamous crime(a)(5)Conviction of a crime that renders the party infamous
Felony(a)(6)Conviction and sentence to the penitentiary
Attempt on life(a)(7)By poison or other means showing malice
Refusal to move(a)(8)Refusal to join the spouse in Tennessee and willful absence for two years
Pregnancy by another(a)(9)At the time of the marriage, without the husband’s knowledge
Habitual drunkenness or drugs(a)(10)Habit contracted after marriage
Cruel and inhuman treatment(a)(11)Conduct that renders cohabitation unsafe and improper
Indignities(a)(12)Rendering the spouse’s position intolerable and forcing withdrawal
Abandonment(a)(13)Turning out of doors and refusing to provide, with ability
Irreconcilable differences(a)(14)Needs an agreement on children and property
Two years apart(a)(15)Separate residences, no cohabitation and no minor children

Is Tennessee a no-fault state?

It has no-fault grounds, irreconcilable differences and two years in separate residences with no minor children, and keeps the fault grounds.

Is there a separation requirement in Tennessee?

Only for the (a)(15) ground: two or more continuous years in separate residences without cohabiting, with no minor children. Irreconcilable differences needs none. Use the Tennessee divorce timeline calculator to see the 60 or 90 days.

Can my spouse stop a Tennessee divorce?

On irreconcilable differences a contest or denial defeats that ground unless a marital dissolution agreement is presented (36-4-103(e)); the other grounds can be proved at trial.

Can irreconcilable differences be an alternate ground in Tennessee?

Yes. It may be asserted as the sole ground or as an alternate ground with any other cause in 36-4-101 or 36-4-102 (36-4-103(f)).

Does the 60 or 90 day wait apply to fault grounds in Tennessee?

Yes. A complaint or petition on any ground in the section must have been on file 60 days, or 90 days with an unmarried child under 18, before it is heard (36-4-101(b)).

What is the two-year ground in Tennessee?

Both parties have lived in separate residences for two or more continuous years, have not cohabited as husband and wife, and have no minor children (36-4-101(a)(15)).

Can a spouse be divorced for a crime in Tennessee?

Yes: conviction of a crime that renders the party infamous, or conviction of a felony with a sentence to the penitentiary (36-4-101(a)(5)-(6)), or an attempt on the other spouse’s life by poison or other means showing malice ((a)(7)).

Does fault matter to property in Tennessee?

No: the court equitably divides marital property without regard to fault (36-4-121(a)), though dissipation is a listed factor. See the Tennessee property division calculator.

Does fault matter to alimony in Tennessee?

Yes, as a factor: the relative fault of the parties is one of the factors in setting spousal support, in the cases where the court in its discretion deems it appropriate (36-5-121(i)(11)). See the Tennessee alimony calculator.

Does abuse matter to the children in Tennessee?

Yes. Evidence of physical or emotional abuse to the child, the other parent or any other person is a custody factor (36-6-106(a)(11)). See the Tennessee parenting time calculator.

Frequently asked questions

What are the grounds for divorce in Tennessee?

Fifteen, including adultery, desertion, cruel and inhuman treatment, irreconcilable differences and two years in separate residences.

Is Tennessee a no-fault divorce state?

It has no-fault grounds and keeps fault grounds.

Is a separation period required for a Tennessee divorce?

Only on the two-year separate residences ground.

Does adultery matter in a Tennessee divorce?

It is a ground; property is divided without regard to fault, but fault can count in spousal support.

Can my spouse contest a Tennessee divorce?

On irreconcilable differences a contest defeats the ground unless an agreement is presented.

Official sources

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This is general information, not legal advice. It is based on the cited Tennessee statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Tennessee attorney.