How To Prove A Tennessee Divorce – No Fault – Irreconcilable Differences Claim

 

 

In Tennessee, a claim of Divorce – No Fault – Irreconcilable Differences is defined as:

Irreconcilable differences are a “no-fault” ground for divorce, acknowledging that the marriage has broken down beyond repair and there is no reasonable hope of reconciliation.

It simply means:

When one or both spouses want to dissolve a marriage without assigning fault to anyone.

There are 3 elements of the claim:

• Element 1. The spouse had irreconcilable differences with the other spouse. Irreconcilable differences mean that the couple has serious disagreements or conflicts that they cannot resolve, making it impossible for them to continue their marriage happily, which is a key reason for seeking a no-fault divorce.
  

  Facts that might support this element look like:

  * The couple has not shared a meaningful conversation in over six months, indicating a breakdown in communication.
  * They have lived separately for the past year, demonstrating a clear intention to end the marriage.
  * Both spouses have expressed a desire to pursue individual interests and goals, showing a lack of mutual commitment.
  * They have sought counseling multiple times, but each attempt has failed to resolve their ongoing conflicts.
  * Friends and family have observed a significant decline in their relationship, noting frequent arguments and emotional distance.

• 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 no-fault divorce case based on irreconcilable differences, the complaint must be filed and available for at least 60 days before the court hears it, but this rule applies only if the couple does not have any children under 18 years old.
  

  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 confirmed that they 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 received notice of the hearing date at least thirty days prior to the scheduled hearing.
  * 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 wants a no-fault divorce due to irreconcilable differences, their divorce request must be filed and on record 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 10, who resides with the petitioner.
  * The petitioner served the respondent with the divorce complaint on January 10, 2023, ensuring proper notice.
  * The court’s scheduling order confirmed that the hearing was set more than ninety days after the filing date.
  * Both parties were aware of the pending divorce proceedings for at least ninety days prior to the hearing.

^{(See TN ST § 36-4-101(a))}
If you’re representing yourself in court and plan to assert a claim of Divorce – No Fault – Irreconcilable Differences, 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. Equip yourself with the tools and knowledge necessary to navigate your divorce effectively.

Prove Your TN Divorce – No Fault – Irreconcilable Differences Claim

U.S. Civil Cases Only