Deciding to end a marriage is one of the most difficult choices a person can make. Once that decision is reached, the legal process begins with a formal complaint. In Franklin, TN, you cannot simply say you want a divorce without providing a legal reason, known as grounds. Understanding these grounds is the first step toward navigating the dissolution of your marriage.
Tennessee law recognizes two primary categories of divorce: no-fault and fault-based. Most couples prefer the no-fault route because it is generally less adversarial. The most common no-fault ground is irreconcilable differences. This essentially means that the couple can no longer get along and there is no hope of reconciliation. To obtain a divorce on these grounds, both parties must agree on all issues, including property division and parental responsibilities, and sign a Marital Dissolution Agreement and Permanent Parenting Plan when minor children are at issue.
However, if the parties cannot settle their case and proceed to trial, the parties must prove specific fault-based grounds at trial. Tennessee statutes list fifteen distinct grounds for divorce. These include adultery, habitual drunkenness or drug abuse, willful or malicious desertion for one full year, and inappropriate marital conduct. Inappropriate marital conduct is a broad category often used when one spouse’s behavior makes the marriage intolerable and has evolved to serve as a catch-all ground.
Proving fault can impact various aspects of the legal proceedings, though it does not always result in a larger share of the marital estate. Tying together the facts that establish grounds for divorce and arguments for larger share of marital assets and/or alimony could siderstions is a complex legal maneuver that requires specific evidence and testimony. Navigating these requirements demands a deep understanding of local statutes and courtroom procedures as well as the experience to do so.
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If you are considering filing for divorce, you do not have to handle these complexities alone. A Franklin, TN divorce attorney from Rogers, Shea & Spanos can help you determine which grounds are most appropriate for your specific situation. Our firm specializes in protecting your interests while ensuring that all filing requirements are met with precision. We provide the professional guidance needed to move from uncertainty to a clear legal strategy, helping you start your next chapter with confidence. Contact us today for guidance!