How To Prove A Tennessee Divorce – No Fault – Separation Claim
In Tennessee, a claim of Divorce – No Fault – Separation is defined as:
Separate living can be a ground for divorce when both spouses have lived apart for two or more years, have not cohabited during that time, and there are no minor children of the marriage.
It simply means:
A spouse can get a divorce if they’ve lived separately from the other for a period of time.
There are 4 elements of the claim:
- Element 1. The spouse lived separately from the other in a different home. In a no-fault divorce, one key factor is that the couple has been living apart in different homes, which shows they have separated and are no longer sharing a life together, making it easier to end the marriage without blaming either party.
Facts that might support this element look like:
* The spouse moved out of the marital home and rented an apartment in a nearby neighborhood.
* The spouse maintained a separate residence for over six months prior to filing for divorce.
* The spouse and the other party did not share a home or any household responsibilities during the separation period.
* The spouse established a new address with the postal service, indicating a permanent change of residence.
* The spouse’s personal belongings were relocated to the new home, demonstrating a clear intention to live separately. - Element 2. The spouse did not live with the other as a spouse. This means that one partner in the marriage has not been living together with the other as a married couple, which is a key requirement for filing a no-fault divorce based on separation.
Facts that might support this element look like:
* The couple maintained separate residences for over two years prior to filing for divorce.
* They did not share a bedroom or engage in marital activities during the last year of their relationship.
* Each spouse independently managed their finances, including separate bank accounts and bills.
* Friends and family members can attest that the couple had not been seen together in social settings for several months.
* Communication between the spouses was limited to necessary discussions about their children and household matters. - Element 3. 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, if the couple doesn’t have any children under 18, their divorce request must be filed and available for at least 60 days before the court can hear it.
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.
* Both parties received proper notice of the hearing date, confirming the timeline of at least sixty days.
* The divorce petition was served to the respondent on January 5, 2023, allowing ample time for response before the hearing. - Element 4. 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 no-fault divorce, their complaint must be filed and on record for at least 90 days before the court will hear their 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 is under eighteen years of age.
* The court records indicate that no motions to expedite the hearing were filed during the ninety-day period.
* Both parties were notified of the hearing date at least thirty days in advance, complying with procedural requirements.
* The respondent did not contest the timeline of the complaint being on file for the required duration.
(See TN ST § 36-4-101(a))
If you’re representing yourself in court and plan to assert a claim of Divorce – No Fault – Separation, 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. Equip yourself with the tools and knowledge to navigate your divorce effectively.
Prove Your TN Divorce – No Fault – Separation Claim
U.S. Civil Cases Only