How To Prove A Tennessee Divorce – Fault – Desertion Claim
In Tennessee, a claim of Divorce – Fault – Desertion is defined as:
Desertion applies as a ground for divorce when one spouse willfully abandons the other without a valid reason for a continuous period of one year.
It simply means:
A spouse can get a divorce if the other abandons them for over a year.
There are 3 elements of the claim:
- Element 1. The spouse deserted or remained absent for one year without a reasonable explanation. A spouse can claim divorce due to desertion if their partner has been missing or has left them for a year without a good reason, showing a clear intention to abandon the marriage.
Facts that might support this element look like:
* The spouse left the marital home on January 1, 2022, and has not returned or communicated since that date.
* The spouse has not provided any explanation for their absence despite multiple attempts to reach out.
* Friends and family have confirmed that they have not seen or heard from the spouse in over a year.
* The spouse has not contributed to household expenses or supported the family since their departure.
* The spouse’s absence has caused significant emotional and financial strain on the remaining partner. - 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. In a divorce case based on desertion, the complaint must be filed and available for at least 60 days before the court hears it, but this rule applies only if there are no children under 18 involved.
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 or the absence of minor children during the proceedings. - 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 one partner leaving the other, the court will only hear the case if the divorce request 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 16, who resides with the petitioner.
* The petitioner served the respondent with the complaint on January 10, 2023, confirming the timeline.
* The respondent did not file any motions to dismiss or expedite the hearing within the ninety-day period.
* The court’s records indicate that no hearings were scheduled prior to the ninety-day mark.
(See TN ST § 36-4-101(a))
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Desertion, 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. Our platform provides the resources you need to navigate this complex process effectively.
Prove Your TN Divorce – Fault – Desertion Claim
U.S. Civil Cases Only