How To Prove A Tennessee Divorce – Fault – Attempted Murder Claim
In Tennessee, a claim of Divorce – Fault – Attempted Murder is defined as:
Attempted murder constitutes a ground for divorce when one spouse has attempted to kill the other, particularly through means that demonstrate malice or intent to harm.
It simply means:
A spouse can get a divorce when their spouse attempts to murder them.
There are 3 elements of the claim:
- Element 1. The spouse attempted to poison or kill the other spouse. In a divorce case, if one spouse tried to harm or kill the other, it can be considered a serious fault, potentially affecting the divorce settlement and custody arrangements, as it shows a severe breakdown of trust and safety in the marriage.
Facts that might support this element look like:
* The spouse was found purchasing large quantities of toxic substances online shortly before the incident.
* Witnesses reported overhearing the spouse making threatening remarks about the other spouse’s life during a heated argument.
* Medical records indicate that the other spouse experienced unexplained symptoms consistent with poisoning after meals prepared by the spouse.
* The spouse was discovered researching methods of undetectable poisons in the days leading up to the alleged attempt.
* A neighbor reported seeing the spouse acting suspiciously near the other spouse’s vehicle late at night, raising concerns about potential foul play. - 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 there are no children under eighteen involved, the divorce complaint must be filed and available for at least sixty days before the court hears the case, even if one spouse is claiming attempted murder as a reason for the divorce.
Facts that might support this element look like:
* The complaint for divorce was filed on January 1, 2023, and the hearing took place on March 1, 2023.
* The parties involved did not have any children under the age of eighteen at the time the complaint was filed.
* The court records indicate that no motions were filed to expedite the hearing prior to the sixty-day mark.
* Both parties were notified of the hearing date at least thirty days in advance, complying with procedural requirements.
* The respondent did not contest the timeline of the complaint being on file for the required duration 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 18 is involved in a divorce with a claim of attempted murder, the court must wait at least 90 days after the complaint is filed before hearing 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 one unmarried child, aged 10, who resides with the petitioner.
* The petitioner served the respondent with the divorce complaint on January 10, 2023, ensuring proper notice.
* The court records indicate that no motions to expedite the hearing were filed by either party during the ninety-day period.
* The respondent acknowledged receipt of the complaint and did not contest the timeline of the proceedings.
(See TN ST § 36-4-101(a))
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Prove Your TN Divorce – Fault – Attempted Murder Claim
U.S. Civil Cases Only