How To Prove A Tennessee Divorce – Fault – Conviction of Felony Claim

 

 

In Tennessee, a claim of Divorce – Fault – Conviction of Felony is defined as:

A felony conviction qualifies as a ground for divorce when a spouse is convicted of a felony and sentenced to imprisonment in a state penitentiary.

It simply means:

A person can get a divorce if their spouse has been convicted of a felony.

There are 3 elements of the claim:

• Element 1. The spouse was convicted of a felony and sentenced to prison or jail. A spouse can be granted a divorce for fault if the other spouse has been found guilty of a serious crime and is serving time in prison or jail, which can impact the divorce proceedings and decisions about property and custody.
  

  Facts that might support this element look like:

  * The spouse was convicted of felony theft in 2021 and sentenced to five years in state prison.
  * The spouse received a guilty verdict for drug trafficking charges and was incarcerated for three years.
  * In 2020, the spouse was found guilty of assault with a deadly weapon and sentenced to two years in jail.
  * The spouse’s felony conviction for fraud resulted in a ten-year prison sentence in 2019.
  * The spouse was convicted of a felony DUI, leading to a one-year jail sentence and mandatory rehabilitation.

• 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 and they don’t have any children under 18, their divorce complaint must be filed for at least 60 days before the court can hear 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.
  * Both parties received notice of the hearing date at least sixty days after the complaint was filed.
  * The divorce petition was served to the respondent on January 5, 2023, allowing ample time for response 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 one partner’s felony conviction, 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 5, 2023, and the hearing took place on April 10, 2023.
  * The parties have one unmarried child, aged 16, 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))}
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Conviction of Felony, 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 to navigate this complex process effectively.

Prove Your TN Divorce – Fault – Conviction of Felony Claim

U.S. Civil Cases Only