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Could Tennessee couples lose the right to file no-fault divorces?

On Behalf of | Dec 6, 2023 | Divorce

A certain political trend has potential consequences for couples who prefer to seek quicker, less complex no-fault divorces. A recent shift toward conservative policies at the state level has some state legislators attempting to do away with no-fault divorces.

Eliminating no-fault divorces due to irreconcilable differences could harm a spouse who is trying to leave a bad marriage. Having to prove fault puts the onus on the petitioner when their spouse does not want to consent to the split.

What is the status of no-fault divorce in Tennessee?

At this time, there does not appear to be any pending legislation that would eliminate a no-fault divorce here in Tennessee. But, notably, there have been attempts by politicians and party operatives in Louisiana, Nebraska and Texas to either curb or ban no-fault divorces in those states. Louisiana, in addition to Arizona and Arkansas, also has covenant marriages that make it much harder to leave a marriage.

What Tennessee couples should know

Divorce laws are subject to legislative changes to the civil codes that govern family law courts in our state — and changes are always possible. Since the elimination of no-fault divorces would have a wide (and potentially negative) impact on divorcing couples and their families, it is always prudent to remain knowledgeable about any legal changes looming on the horizon.

Before rushing to file your divorce petition, make sure that you have a strategy in place that can bring you the most desirable outcome possible regarding the custody of your children and the equitable division of your marital property.

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