Grounds for Divorce in Tennessee: What You Should Know

Choosing to end a marriage is rarely easy. Understanding the legal reasons (or “grounds”) recognized by Tennessee law can help you make informed decisions about how to proceed and what to expect. In Tennessee, you can file for divorce based on no-fault grounds or fault-based grounds — and the choice you make can influence how your case unfolds in court.

At The Barnett Firm, we provide experienced, tailored guidance to help you select the most appropriate legal basis for your divorce and present your case effectively under Tennessee law.

What Are “Grounds for Divorce”?

When you file a divorce complaint in Tennessee, you must state why you are seeking a divorce. The law recognizes a range of valid legal grounds — reasons the court may legally dissolve a marriage. Some grounds require no proof of wrongdoing, while others are based on specific acts or conditions.

No-Fault Grounds for Divorce

Most divorces in Tennessee are filed on no-fault grounds, meaning neither spouse must prove misconduct by the other — only that the marriage has broken down and cannot be repaired.

Irreconcilable Differences

This is the most common no-fault basis. It means that the spouses have significant differences that make it impossible to continue the marriage. Both parties must typically agree that the marriage cannot be saved.

Living Separate and Apart

Another no-fault option is available when the couple has lived separate and apart with no cohabitation for two continuous years, and there are no minor children involved. This separation acts as the basis for dissolving the marriage without assigning blame.

No-fault divorces generally allow for a smoother process, particularly when spouses can resolve financial and custody matters by agreement.

Fault-Based Grounds for Divorce

In some cases, one spouse may choose to file on fault-based grounds. These are legally recognized reasons alleging that the other spouse engaged in conduct that caused the marriage to fail. Fault grounds can affect negotiations over alimony, and in some cases may influence the court’s view of the overall fairness of settlement terms.

Below are examples of fault grounds under Tennessee law:

• Adultery: One spouse engaged in voluntary sexual relations outside the marriage.

• Cruel and Inhuman Treatment: Conduct — physical or emotional — that makes living together unsafe or intolerable.

• Willful Desertion: One spouse intentionally abandons the other without reasonable cause for at least one year.

• Habitual Substance Abuse: Ongoing drug or alcohol abuse that began after marriage and harms the marital relationship.

• Bigamy: One spouse was already married to someone else at the time of the marriage.

• Impotency: Either spouse was impotent and incapable of procreation at the time of marriage.

• Criminal Conviction: A spouse has been convicted of a felony or an infamous crime.

• Attempted Murder: One spouse attempts to take the life of the other through malicious acts.

• Refusal to Move: A spouse refuses to relocate to Tennessee without reasonable cause, leading to extended separation.

These grounds require supporting evidence in your court filings, and proving them can be more complex than no-fault cases.

Choosing the Right Grounds for Your Case

Why does it matter which grounds you select? The reasons you list in your divorce complaint shape your legal strategy and may affect:

• How long the case takes
• Whether fault becomes part of negotiations
• How spousal support (alimony) is discussed
• The tone of settlement or litigation

In many uncontested divorces, spouses choose no-fault grounds because they reduce conflict and speed up resolution. However, if spouses cannot agree or if hurtful conduct occurred during the marriage, pursuing fault grounds may be appropriate.

How an Attorney Can Help

Determining the best legal foundation for your divorce isn’t just a matter of checking a box — it involves interpreting nuanced Tennessee law, evaluating your evidence, and understanding how different grounds may impact your long-term goals.

At The Barnett Firm, we provide careful legal analysis and advocacy to help you:

• Select the most effective grounds for your divorce
• Prepare and present compelling documentation
• Navigate negotiations or court proceedings
• Protect your financial and parental interests

Ready to Talk About Your Options?

Choosing the right legal basis for your divorce is a critical early step — and you don’t have to do it alone. Contact us for a consultation to discuss your situation and learn how we can support you through the Tennessee divorce process.