Grounds for divorce in Tennessee

In Hollywood divorces are often not taken seriously. In real life, however, divorces are far from a joke, especially in Tennessee where there is a proof requirement.

2013-05-18

May 18, 2013 (Press-News.org) Grounds for divorce in Tennessee

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Many are following the divorce drama that encompasses reality TV star, Kim Kardashian, and her estranged husband, NBA player Kris Humphries. After a 72-day marriage, Kardashian filed for a divorce. Humphries, however, is seeking an annulment claiming that the marriage was a fraud.

According to ABC News, Humphries is accusing Kardashian of only marrying him for publicity and for her reality show. Kardashian, who is pregnant with famous rapper Kanye West's baby, denies that the marriage was fraudulent and is pursuing a divorce.

The presiding judge mandated both Humphries and Kardashian to attend a court hearing aimed at settling the case recently. However, Kardashian was the only one to show up. A hearing on potential sanctions against Humphries is scheduled to occur on April 19, 2013.

Although to Kardashian and Humphries their divorce drama is far from a joke, the drama does not match up to the heartaches that come with non-Hollywood divorce. Often times children are involved, one party is worried about finances, and in many instances both parties attempt to start a whole new life.

Grounds for divorce in Tennessee

According to Tennessee statutes, one can seek a divorcein a number of distinct grounds, including if either party was or continues to be impotent of incapable of having children through procreation. If one party enters into a second marriage while still married or commits adultery, then the other spouse may seek a divorce.

Other grounds for divorce include:
-Willful or malicious desertion without reasonable cause for one whole year;
-One party is convicted of a crime that renders that party infamous, a felony conviction or attempting to take the life of the other party;
-Refusal to move to another state with the spouse and being willfully absent from the spouse who resides in Tennessee for two years;
-The wife gets pregnant by someone other than the husband;
-One party has developed an alcohol or drug problem after marriage or is guilty of cruel and inhumane treatment toward the other spouse causing cohabitation to be dangerous; and,
-When one party abandons the other.

Finally, irreconcilable differences between the parties may also be used as grounds for divorce. This can be seen as an especially broad reason, while many of the other grounds include specific wording. Due to the number of specific grounds and the complexity of the legal wording, it's important to have legal representation or consultation when considering divorce.

Additionally, if a party seeking to end the marriage qualifies for a divorce after reviewing the above statute, that party must file a petition stating the ground for divorce. If the parties do not have an unmarried child under age 18, the complaint or petition must be filed for at least 60 days before being heard. If the parties have an unmarried child under the age of 18, the complaint or petition must be filed for at least 90 days before being heard.

Proof requirement

In all allowable reasons to obtain a divorce, with exception to irreconcilable differences, the court must hear proof of the facts alleged in the complaint before the judge grants the divorce.

Divorces in Tennessee can be complicated. Anyone who is thinking of getting a divorce should contact a skilled divorce attorney who can help navigate the court process, filing of petitions and any subsequent negotiations.

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