When you decide to end a marriage, the legal process begins with a “complaint for divorce.” In this document, you must state the legal reason, or grounds, for the dissolution of the marriage. Tennessee is unique in that it offers both “no fault” and “fault-based” grounds. Choosing the right path is a strategic decision that can impact various aspects of your case. At Rogers, Shea & Spanos, we guide our clients through these choices, ensuring that the legal foundation of their divorce is solid and serves their long term goals.
The most common ground for divorce in Nashville is “irreconcilable differences.” This is what many people refer to as a no fault divorce. It means that the marriage has simply broken down and there is no hope of saving it. This path is often the most efficient and least combative way to end a marriage, provided that both parties can agree on the terms of the divorce, including property division and parenting plans. If you and your spouse are in agreement, this ground allows for a more private and streamlined process. We often recommend this route when our clients want to minimize conflict and move forward as quickly as possible. Also of note, this ground is only available to parties who settle their cases by signing a Marital Dissolution Agreement, to address the division of their assets and debts, as well as support when appropriate, and a Permanent Parenting Plan when there are minor children in the marriage. Parties cannot proceed to trial with this “no fault” ground.
As such, life is not always that simple. In some cases, it is necessary or advantageous to allege fault-based grounds. Tennessee law recognizes several of these, including inappropriate marital conduct, adultery, habitual drunkenness or drug abuse, and willful desertion. “Inappropriate marital conduct” is a broad category that can cover everything from emotional abuse to a pattern of behavior that makes the marriage intolerable. It is considered a “catch all” ground for divorce. Proving fault can be complex and requires specific evidence. We help you weigh the benefits of pursuing fault-based grounds, as it can sometimes influence the court’s decisions regarding alimony or the division of certain assets.
Another ground for divorce in Tennessee is living “separate and apart” for two years without minor children. This could be considered another form of no fault divorce that is less common but useful in specific circumstances. Regardless of the grounds chosen, the process involves strict legal requirements and timelines. For example, even in an uncontested divorce based on irreconcilable differences, there is a mandatory waiting period of 60 days, if there are no minor children, or 90 days, if there are minor children, before the divorce can be finalized. We manage all these procedural details so you can focus on your emotional well being and your family.
Our Nashville divorce & family law lawyers believe that an informed client is an empowered client. We take the time to explain the nuances of Tennessee law and how they apply to your specific situation. Our firm has a deep understanding of the local court system in Nashville and the surrounding areas. We are committed to providing you with a high level of professional service while remaining accessible and conversational. Whether your divorce is straightforward or involves complex allegations of fault, our Nashville divorce lawyers have the experience and the dedication to protect your interests every step of the way.