How To Prove A Tennessee Divorce – Fault – Inappropriate Treatment Claim

 

 

In Tennessee, a claim of Divorce – Fault – Inappropriate Treatment is defined as:

Cruel and inhuman treatment or inappropriate marital conduct constitutes a ground for divorce, encompassing a wide range of behaviors that make the marriage unsafe or intolerable, such as physical or emotional abuse, domestic violence, or other serious misconduct.

It simply means:

A spouse can get a divorce if the other behaves cruelly, inhumanely, or inappropriately.

There are 3 elements of the claim:

• Element 1. The spouse engaged in inappropriate marital conduct, cruel and inhuman treatment, or behavior that made living together unsafe. In a divorce, one spouse can claim that the other acted in ways that were harmful or abusive, making it difficult or unsafe to continue living together, such as through cruel behavior or inappropriate actions that damaged the marriage.
  

  Facts that might support this element look like:

  * The spouse frequently belittled and insulted the other in front of family and friends, creating a hostile living environment.
  * The spouse exhibited aggressive behavior, including throwing objects during arguments, which instilled fear and anxiety in the other partner.
  * The spouse engaged in extramarital affairs, violating the trust and commitment essential to the marriage.
  * The spouse’s substance abuse led to unpredictable and dangerous behavior, making the home environment unsafe.
  * The spouse repeatedly threatened to harm themselves or the other partner during heated disputes, contributing to a climate of fear.

• 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 inappropriate treatment and they don’t have any children under 18, their complaint must be filed and available for at least 60 days before the court will 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 or requests for expedited hearings were submitted by either party during the sixty-day period.
  * Both parties were notified of the hearing date at least thirty days in advance, confirming the timeline of the complaint.
  * 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 18 is filing for divorce due to inappropriate treatment, their complaint must be officially recorded for at least 90 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 complaint on January 10, 2023, allowing for the required notice period.
  * The court’s scheduling order confirmed that the hearing was set at least ninety days after the filing of the complaint.
  * Both parties were aware of the pending divorce proceedings for over three months prior to the hearing date.

^{(See TN ST § 36-4-101(a))}
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Inappropriate Treatment, it’s essential to engage in a Personal Practice of Law at Courtroom5. You’ll need to make critical 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. This approach will help you navigate the complexities of your divorce effectively.

Prove Your TN Divorce – Fault – Inappropriate Treatment Claim

U.S. Civil Cases Only