Tennessee Family Law Offices

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; andAbandonment or refusal or neglecting to provide for spouse although able to do so.

It is difficult to estimate the cost of a divorce. For some divorcing couples, the cost is minimal. For others, it is very expensive. Three big factors on the cost of divorce are how your spouse reacts, who your spouse hires, and who your judge is.

If a marriage is annulled, the marriage is treated as if it never existed. Marriages can be void or voidable. A marriage is voidable if: either party is under age; one or both parties lack capacity; there is no consent; fraud; mistake; force; impotency; the woman is pregnant by another; or the marriage is not consummated.

Void marriages are serious violations of public policy. A marriage is void if either of the parties is already married (bigamy), the parties are closely related (incestuous), or if either party has been adjudicated insane at the time of the marriage ceremony.

Not finding the answer you are looking for? Browse our entire Tennessee Divorce FAQ.

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.

The standard for modifying child custody is a material and substantial change in circumstance that affects the best interest of the child.

Not finding the answer you are looking for? Browse our entire Tennessee Child Custody FAQ.