How To Prove A Tennessee Divorce – Fault – Abandonment Claim
In Tennessee, a claim of Divorce – Fault – Abandonment is defined as:
Abandonment and failure to provide apply as grounds for divorce when one spouse abandons the other without just cause and fails to provide for their financial needs despite having the ability to do so.
It simply means:
One spouse abandons the other and fails to provide financially for them.
There are 4 elements of the claim:
- Element 1. The spouse abandoned the other without any reason. In a divorce, abandonment means one spouse left the other without any explanation or justification, which can be used as a reason to claim fault in the divorce proceedings.
Facts that might support this element look like:
* The spouse left the marital home without prior discussion or agreement, taking only personal belongings.
* The spouse has not communicated with the other for over six months, showing a clear intent to sever the relationship.
* The spouse moved to a different state without informing the other, demonstrating a lack of concern for the marriage.
* The spouse has not provided any financial support or assistance since leaving, indicating abandonment.
* The spouse has refused all attempts at reconciliation, further evidencing a willful abandonment of the marriage. - Element 2. The spouse did not provide financial support. In a divorce case claiming abandonment, one spouse argues that the other failed to provide financial support, which can show a lack of commitment to the marriage and contribute to the reasons for seeking a divorce.
Facts that might support this element look like:
* The spouse failed to contribute to household expenses for over six months, leaving the other spouse to cover all financial obligations alone.
* The spouse withdrew all funds from their joint bank account without any prior discussion or agreement.
* The spouse consistently refused to pay their share of the mortgage, resulting in late fees and financial strain on the other spouse.
* The spouse has not provided any financial support since moving out of the marital home three months ago.
* The spouse has not participated in any financial planning discussions or contributed to budgeting since the beginning of the separation. - Element 3. The complaint or petition was on file for at least sixty (60) days before being heard if the parties had no unmarried child under eighteen (18) years of age. In a divorce case based on abandonment, the complaint must be filed and available for at least 60 days before the court hears it, but this rule applies only if the couple does not have any children under 18 years old.
Facts that might support this element look like:
* The complaint for divorce was filed on January 1, and the hearing took place on March 1, exceeding the sixty-day requirement.
* No children under the age of eighteen were born to the parties during their marriage, confirming the absence of minor children.
* The court records indicate that the petition was served to the respondent on January 5, allowing ample time before the hearing.
* The parties did not have any pending custody or child support issues, further supporting the absence of minor children.
* The hearing was scheduled for a date that was clearly more than sixty days after the filing of the complaint. - Element 4. The complaint or petition was on file for at least ninety (90) days before being heard if the parties had an unmarried child under eighteen (18) years of age. If a couple with an unmarried child under 18 is getting a divorce due to abandonment, the court will only hear their case if the divorce complaint has been filed and on record for at least 90 days.
Facts that might support this element look like:
* The complaint for divorce was filed on January 15, 2023, and the hearing took place on April 15, 2023.
* The parties have one unmarried child, aged 10, who resides with the petitioner.
* The petitioner served the respondent with the complaint on January 20, 2023, allowing for the required notice period.
* The respondent did not file any motions to expedite the hearing within the ninety-day period.
* Both parties were aware of the scheduled hearing date, which was set well after the ninety-day mark.
(See TN ST § 36-4-101(a))
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Abandonment, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.
Prove Your TN Divorce – Fault – Abandonment Claim
U.S. Civil Cases Only