No-fault divorce is a popular option in many jurisdictions. It is not the only option in Tennessee, but it is what many people pursue. Tennessee offers several grounds for fault-based divorce proceedings. Impotence, adultery, bigamy, abuse, criminal convictions and insanity are all grounds for divorce. The person filing for divorce may choose a no-fault divorce because they lack evidence of marital misconduct or because they don’t want the acrimony that comes from fault-based proceedings.
What exactly does a no-fault divorce in Tennessee generally entail?
No-fault divorce requires a long separation
In some states, people can divorce their spouses by claiming that they have irreconcilable differences and filing paperwork with the courts. It may only take a few months for the courts to finalize a no-fault divorce in those scenarios.
The process in Tennessee generally takes a bit longer. No-fault divorce requires a lengthy separation. Spouses typically need to have lived separately for at least two years to qualify for a no-fault divorce. After two years of separation, either spouse can file on the basis of irreconcilable differences.
They can pursue a contested divorce in which the courts make determinations regarding child custody matters and property divisions. Some couples are able to settle their disagreements about marital matters outside of court during their separation.
If the case requires litigation, judges generally do not consider claims of marital misconduct when deciding how to divide property and any other key determination for the spouses. No-fault divorce is often the fastest and most amicable solution, but it may not be right for every situation.
People need to consider their circumstances carefully to decide whether a basic no-fault divorce is the best option for their family. For those from conservative religions or families, a fault-based divorce in which they can establish that the other spouse was to blame for the end of the marriage might be better in the long run.
Discussing the issues that led to a decision to divorce with a skilled legal team can help people evaluate the options available in their circumstances. No-fault divorce can be a viable choice even in scenarios where one spouse is clearly at fault for the breakdown of their marital relationship.