How To Prove A Tennessee Divorce – Fault – Conviction of Infamous Crime Claim
In Tennessee, a claim of Divorce – Fault – Conviction of Infamous Crime is defined as:
Infamous crime serves as a ground for divorce when one spouse has a conviction for a crime that, under Tennessee law, carries a significant social stigma and may result in the loss of certain civil rights.
It simply means:
A person can get a divorce when their spouse has committed an infamous crime.
There are 3 elements of the claim:
- Element 1. The spouse was convicted of an infamous crime. A spouse can seek a divorce by claiming that their partner was found guilty of a serious crime, which is considered a significant fault in the marriage, potentially affecting the divorce proceedings and any related legal decisions.
Facts that might support this element look like:
* The spouse was convicted of felony assault, resulting in a five-year prison sentence.
* The spouse was found guilty of embezzlement, which involved the misappropriation of over $100,000 in funds.
* The spouse received a conviction for drug trafficking, leading to a significant prison term and a permanent criminal record.
* The spouse was convicted of domestic violence, which included multiple incidents of physical harm against the victim.
* The spouse was charged and convicted of a sex crime, resulting in mandatory registration as a sex offender. - 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 divorced 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 were notified of the hearing date at least sixty days after the complaint was filed.
* 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 eighteen is getting a divorce due to serious wrongdoing, their divorce complaint must be filed and on record for at least ninety 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 one unmarried child, aged 16, who resides with the petitioner.
* The petitioner served the respondent with the divorce complaint on January 10, 2023, confirming the timeline.
* The court records indicate that no motions to expedite the hearing were filed by either party during the ninety-day period.
* The respondent was notified of the hearing date at least thirty days in advance, adhering to legal requirements.
(See TN ST § 36-4-101(a))
If you’re navigating a Claim of Divorce – Fault – Conviction of Infamous Crime without a lawyer, it’s essential to have a solid strategy in place. At Courtroom5, our Personal Practice of Law will guide you through each phase of your case, helping you decide what to file and prepare the necessary legal documents. With thorough legal research and strong analysis of the facts, you’ll be better equipped to advocate for yourself effectively.
Prove Your TN Divorce – Fault – Conviction of Infamous Crime Claim
U.S. Civil Cases Only