How To Prove A Tennessee Divorce – Fault – Unsafe (Indignities) Claim
In Tennessee, a claim of Divorce – Fault – Unsafe (Indignities) is defined as:
Indignities is a ground for divorce when a husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct.
It simply means:
One spouse intentionally humiliated or embarrassed the other.
There are 3 elements of the claim:
- Element 1. The spouse treated the other so horribly that remaining together was impossible, forcing the other to leave. One spouse was treated so badly by the other that it became unbearable to stay together, leading to the decision to leave the marriage, which can be a legal reason for divorce based on fault due to unsafe or humiliating behavior.
Facts that might support this element look like:
* The spouse frequently belittled the other in public and private, undermining their self-esteem and sense of worth.
* The spouse exhibited controlling behavior, dictating the other’s social interactions and isolating them from friends and family.
* The spouse engaged in verbal abuse, using harsh language and threats that created a hostile living environment.
* The spouse’s refusal to seek help for substance abuse issues led to unpredictable and dangerous behavior at home.
* The spouse consistently dismissed the other’s feelings and needs, creating an emotionally toxic atmosphere that made cohabitation unbearable. - 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 will hear their 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.
* The notice of hearing was served to both parties at least sixty days after the complaint was filed.
* The parties had ample opportunity to respond to the complaint within the sixty-day period 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 18 is filing for divorce due to serious issues like mistreatment, their complaint must be officially recorded for at least 90 days before the court will consider it.
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 resides with the petitioner.
* The petitioner served the respondent with the complaint on January 10, 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 well in advance, confirming the timeline of the complaint.
(See TN ST § 36-4-101(a))
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Unsafe (Indignities), having a Personal Practice of Law at Courtroom5 is essential. 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. Equip yourself with the tools and knowledge to navigate this complex process effectively.
Prove Your TN Divorce – Fault – Unsafe (Indignities) Claim
U.S. Civil Cases Only