How To Prove A Tennessee Divorce – Fault – Pregnancy Claim
In Tennessee, a claim of Divorce – Fault – Pregnancy is defined as:
Prenatal pregnancy constitutes a ground for divorce when the wife was pregnant by another man at the time of marriage, and the husband was unaware of this fact.
It simply means:
A spouse can get a divorce when the wife was pregnant by another man at the time of marriage.
There are 3 elements of the claim:
- Element 1. The spouse was pregnant with another person’s child at the time of the marriage, and the other spouse was unaware. In a divorce case, one spouse can claim fault if they were pregnant with someone else’s child when they got married, and the other spouse didn’t know about it, suggesting dishonesty that could impact the marriage’s validity.
Facts that might support this element look like:
* The spouse concealed her pregnancy from the other spouse prior to the marriage, presenting herself as not being pregnant.
* Medical records indicate that the spouse was receiving prenatal care for a child conceived with another individual before the marriage took place.
* Witnesses can attest that the spouse was seen with the biological father of the child shortly before the wedding, raising suspicions about the child’s paternity.
* The other spouse discovered the pregnancy only after the marriage, leading to feelings of betrayal and deception.
* The spouse’s family members were aware of the pregnancy and the identity of the biological father but did not inform the other spouse. - 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 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 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 based on fault due to pregnancy, the court will only hear their case if the divorce complaint 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 10, who was living with them during the entire period before the hearing.
* The court records indicate that no motions to expedite the hearing were filed by either party during the ninety-day period.
* Both parties were notified of the hearing date at least thirty days in advance, confirming the timeline of the complaint.
* The petitioner provided evidence of ongoing communication regarding the child’s welfare throughout the ninety days leading up to the hearing.
(See TN ST § 36-4-101(a))
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Pregnancy, it’s essential to have 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 supported by thorough legal research and a strong analysis of the facts. Our platform can guide you through this complex process, ensuring you’re well-prepared for each step.
Prove Your TN Divorce – Fault – Pregnancy Claim
U.S. Civil Cases Only