Tennessee

In Tennessee, we have two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce.

With a contested divorce, the parties cannot agree and must go to trial. The grounds for a contested divorce are:

• Adultery;
• Habitual drunkenness or abuse of narcotic drugs;
• Living apart for two years with no minor children;
• Inappropriate marital conduct;
• Willful or malicious desertion for one full year without a reasonable cause;
• Conviction of a felony;
• Pregnancy of the wife by another before the marriage without the husband’s knowledge;
• Refusal to move to Tennessee with your spouse and living apart for two years;
• Malicious attempt upon the life of another;
• Lack of reconciliation for two years after the entry of a decree of separate maintenance;
• Impotency and sterility;
• Bigamy; and
• Abandonment or refusal or neglecting to provide for spouse although able to do so.

If you and your spouse can agree to a custody arrangement, you will decide which spouse gets custody of your children. If you and your spouse do not agree, the court will determine the custodial arrangement based on the best interest of the child.