Tennessee does not grant common law marriages. However, if a party is validly married in a sister state that permits common law marriage, Tennessee will recognize the marriage.
What if my spouse does not want the divorce?
If one party does not want the divorce, grounds for divorce must be proven. For grounds, see above.
At what point during the process can a spouse remarry or start dating?
You cannot remarry until after the divorce has been final for 30 days. After the final hearing, there is a 30-day appeal period. You should not get married until the expiration of this 30-day period. While many spouses start dating during separation, it is not recommended. You are married until the judge approves the final divorce decree. Dating during separation is adultery.
Can I get an annulment in Tennessee?
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.
Does Tennessee grant divorces based on marital fault?
Yes. If divorcing spouses do not agree to get divorced, the spouse seeking the divorce must prove grounds.
Do I really need to hire an attorney?
You do not have to hire an attorney. However, it is strongly recommended you do. If you have children, your divorce will forever change your parenting time. A divorce will have a huge impact on your financial planning. You will need the help of a professional to fully understand all your rights and obligations.
What are the grounds for divorce in Tennessee?
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 Read more