How To Prove A Tennessee Divorce – Fault – Impotent (Incapacity for Procreation) Claim

 

 

In Tennessee, a claim of Divorce – Fault – Impotent (Incapacity for Procreation) is defined as:

Incapacity for procreation or impotence is grounds for divorce in a situation where one or both spouses are naturally unable to have children.

It simply means:

You can get a divorce if your spouse is unable to have children.

There are 3 elements of the claim:

• Element 1. The spouse was impotent and incapable of reproduction at the time of the marriage. One partner was unable to have children or engage in sexual activity when they got married, which can be a reason for the other partner to seek a divorce based on this inability to reproduce.
  

  Facts that might support this element look like:

  * The spouse had a documented medical condition that resulted in impotence prior to the marriage.
  * The spouse underwent surgical procedures that were known to affect reproductive capability before the wedding date.
  * The spouse disclosed their impotence to the other party during premarital counseling sessions.
  * The spouse had been prescribed medication that is known to cause erectile dysfunction for several years before the marriage.
  * The couple was unable to conceive despite actively trying to do so for an extended period after the 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. In a divorce case where one partner claims the other is unable to have children, the complaint must be filed and available for at least 60 days before the court hears the case, 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 do not have any unmarried children under the age of eighteen.
  * The court records indicate that no motions or requests for expedited hearings were filed during the sixty-day period.
  * Both parties were notified of the hearing date at least thirty days in advance.
  * The respondent did not contest the timeline of the complaint being on file for the required duration.

• 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 being unable to have children, the court will only hear the case if the divorce request has been filed for at least 90 days.
  

  Facts that might support this element look like:

  * The complaint for divorce was filed on January 15, 2023, and the hearing took place on April 15, 2023.
  * The parties have one unmarried child, aged 10, who resides with the petitioner.
  * The petitioner served the respondent with the complaint on January 20, 2023, ensuring proper notice.
  * The respondent did not file any motions to expedite the hearing within the ninety-day period.
  * Both parties were aware of the hearing date, which was set well after the ninety-day requirement.

^{(See TN ST § 36-4-101(a))}
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Impotent (Incapacity for Procreation), 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 supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.

Prove Your TN Divorce – Fault – Impotent (Incapacity for Procreation) Claim

U.S. Civil Cases Only