Learn More from Our Devoted Divorce Lawyer at The Clarke Law Firm
As you begin your divorce case in Mufreesboro, you will need to understand the legal grounds under which you will be able to divorce. To begin the divorce process, you must file a petition for divorce with the court and state the grounds for ending your marriage.
No-Fault Grounds for Divorce
The state of Tennessee accepts divorce based on fault grounds as well as no-fault grounds. Residents of the state are allowed to divorce based on the premise of irreconcilable differences, which is a no-fault ground for divorce.
Divorcing couples can also claim that their divorce is based on separation, which would require proof of the following:
- Both spouses have lived separate and apart for two or more years
- Parties have not cohabited as man and wife during a period of two years
- Spouses have no minor children
Fault Grounds in Tennessee
Divorcing spouses can also seek divorce based on fault grounds. This means that one spouse alleges that the other's negative or nefarious conduct is the cause of the ensuing divorce.
Fault grounds in the state of Tennessee include the ones listed below:
- Malicious desertion for a year or longer
- Felony conviction
- Attempted murder of spouse
- Alcohol / drug abuse
- Inhuman treatment
If one of the members of the divorce are found to be at fault, it can affect the division of the assets as well as awards for custody or alimony.
Pursuing a Divorce
Prior to the divorce being heard, the petition must remain on file for a minimum of 60 days before the divorce can be heard if there are no minor children to account for. If there are minor children involved, the petition must have been on file for a minimum of 90 days.
If you need further assistance with your divorce case, we encourage you to reach out to our Murfreesboro divorce attorney. Call us today!