How To Prove A Tennessee Divorce – Fault – Addiction Claim
In Tennessee, a claim of Divorce – Fault – Addiction is defined as:
Habitual drunkenness or drug abuse serves as a ground for divorce when one spouse develops a habit of excessive alcohol consumption or drug use after the marriage.
It simply means:
A person can get a divorce if their spouse is habitually drunk or drug-addicted.
There are 3 elements of the claim:
- Element 1. The spouse habitually used drugs or alcohol after the date of the marriage. One spouse regularly used drugs or alcohol after they got married, which can be a reason for the other spouse to claim that the marriage was harmed due to this addiction in a divorce case.
Facts that might support this element look like:
* The spouse was frequently observed consuming large quantities of alcohol during social gatherings shortly after the marriage.
* Witnesses reported that the spouse often appeared intoxicated at family events, indicating a pattern of excessive drinking.
* The spouse admitted to using recreational drugs on multiple occasions during the first year of marriage.
* The spouse’s work performance declined significantly due to their substance use, leading to disciplinary actions.
* Friends and family expressed concern about the spouse’s drug and alcohol use, noting it had escalated since the wedding. - Element 2. 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 involving a fault claim due to addiction, the complaint must be filed and available for at least 60 days before the court hears the case, but this rule applies only if there are no children under 18 years old involved.
Facts that might support this element look like:
* The complaint for divorce was filed on January 5, 2023, and the hearing took place on March 10, 2023.
* No children under the age of eighteen were born to the parties during their marriage.
* The parties have been separated since December 2022, prior to the filing of the complaint.
* The respondent was served with the complaint on January 10, 2023, allowing ample time for response.
* The court’s scheduling order confirmed that the hearing was set more than sixty days after the filing of the complaint. - Element 3. 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 filing for a divorce based on fault due to addiction, their complaint must be officially recorded for at least 90 days before the court will hear the case.
Facts that might support this element look like:
* The complaint for divorce was filed on January 5, 2023, and the hearing took place on April 10, 2023.
* The parties have an unmarried child, aged 10, who resides with the petitioner.
* The petitioner provided notice of the hearing to the respondent at least thirty days in advance.
* The respondent did not contest the filing date or the hearing date in any court documents.
* The court records confirm that the case was active for over ninety days prior to the hearing.
(See TN ST § 36-4-101(a))
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Addiction, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed 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 necessary to navigate this complex process effectively.
Prove Your TN Divorce – Fault – Addiction Claim
U.S. Civil Cases Only