How To Prove A Tennessee Divorce – Fault – Bigamy Claim
In Tennessee, a claim of Divorce – Fault – Bigamy is defined as:
Bigamy constitutes a ground for divorce when one spouse has knowingly entered into a second marriage while still legally married to another person.
It simply means:
You cannot enter into a marriage with someone if you’re already married to someone else.
There are 3 elements of the claim:
- Element 1. The spouse married while still legally married to another person. A bigamy claim occurs when someone marries a new spouse while still legally married to another person, which is considered a fault in divorce because it violates marriage laws and can affect the legal proceedings and division of assets.
Facts that might support this element look like:
* The spouse obtained a marriage license with the second partner while still listed as married to the first partner in public records.
* The spouse’s first marriage was never legally dissolved prior to the second marriage ceremony.
* Witnesses can attest that the spouse knowingly participated in a wedding ceremony while still married to another individual.
* The spouse failed to provide proof of divorce from the first partner before entering into the second marriage.
* Court documents confirm that the spouse was still legally married at the time of the second marriage. - 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 bigamy and they don’t have any children under 18, their divorce complaint must be filed and available for at least 60 days before the court hears the case.
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 scheduled date.
* The notice of hearing was served 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 18 is getting a divorce due to bigamy, the court must wait at least 90 days after the divorce papers are filed before hearing the case.
Facts that might support this element look like:
* The complaint for divorce was filed on January 1, 2023, and the hearing took place on April 1, 2023.
* The parties have an unmarried child, aged 10, who resides with the petitioner.
* The petitioner served the respondent with the divorce complaint on January 5, 2023.
* 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 well in advance, confirming the timeline.
(See TN ST § 36-4-101(a))
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Prove Your TN Divorce – Fault – Bigamy Claim
U.S. Civil Cases Only