How To Prove A Tennessee Divorce – Fault – Adultery Claim
In Tennessee, a claim of Divorce – Fault – Adultery is defined as:
Adultery is a ground for divorce. It occurs when a married person voluntarily engages in sexual intercourse with someone other than their spouse.
It simply means:
Cheating on a spouse is a basis for divorce.
There are 3 elements of the claim:
- Element 1. The spouse committed adultery. Adultery in a divorce means that one spouse has had a romantic or sexual relationship with someone outside their marriage, which can be used as a reason to seek a divorce based on fault, showing that the other spouse’s trust was broken.
Facts that might support this element look like:
* The spouse was frequently seen in public with a person who is not their partner, often engaging in intimate behavior.
* The spouse admitted to having a romantic relationship with another individual during a conversation with a mutual friend.
* The spouse’s phone records show numerous late-night calls and text messages to a specific contact over several months.
* The spouse took multiple trips without informing their partner, later revealing they were with someone else during those times.
* The spouse’s social media accounts contain photos and posts that suggest a romantic relationship with another person. - 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. If a couple is getting a divorce due to adultery and they don’t have any children under 18, their divorce complaint must be filed and sit for at least 60 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 March 10, 2023.
* The parties involved do not have any children under the age of eighteen.
* The court records indicate that no motions were filed to expedite the hearing prior to the scheduled date.
* The notice of hearing was sent to both parties at least sixty days after the complaint was filed.
* The parties had ample opportunity to respond to the complaint within the sixty-day period before the hearing. - 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 eighteen is getting a divorce due to adultery, the court will only hear their case if the divorce complaint has been filed for at least ninety days.
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 one unmarried child, aged 10, who is under eighteen years of age.
* The court records indicate that no motions to expedite the hearing were filed during the ninety-day period.
* Both parties were notified of the hearing date at least thirty days in advance, confirming the timeline.
* The respondent did not contest the timeline of the complaint being on file for the required duration.
(See TN ST § 36-4-101(a))
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Adultery, 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 – Adultery Claim
U.S. Civil Cases Only