Inappropriate marital conduct is the most common fault ground for divorce in Tennessee, used when one spouse’s conduct makes living together unsafe or improper. At Wise Law, the Nashville office of Wise & Associates, contested divorces start with an upfront flat fee between $1,500 and $5,000.
What Is Inappropriate Marital Conduct?
Tennessee law allows a divorce when one spouse is guilty of such cruel and inhuman treatment or conduct toward the other as renders living together unsafe and improper, which may also be called inappropriate marital conduct in the pleadings (Tenn. Code Ann. § 36-4-101). It is broad, and it can cover a pattern of conduct, not only a single event.
When Is It Used?
Tennessee's no-fault ground, irreconcilable differences, requires both spouses to sign a marital dissolution agreement. When a spouse will not agree, the divorce must proceed on a fault ground, and inappropriate marital conduct is the one most often pleaded. Other fault grounds include adultery and abandonment.
What Evidence Do Courts Consider?
- Testimony from each spouse and from witnesses
- Text messages, emails, and social media posts
- Police reports, orders of protection, and medical records
- Financial records showing wasteful spending or hidden assets
- Evidence of substance abuse or of an affair
What If Both Spouses Were at Fault?
A Tennessee court can grant the divorce to either spouse, or to both, and in some cases it can declare the parties divorced without assigning fault to one spouse (Tenn. Code Ann. § 36-4-129).
Does Fault Affect Property Division?
No. Tennessee divides marital property equitably without regard to marital fault (Tenn. Code Ann. § 36-4-121). Wasteful dissipation of marital assets can still affect the division, because it is a financial factor, not a fault factor.
Does Fault Affect Alimony?
It can. The relative fault of the parties is one of the factors a Tennessee court may consider in deciding alimony, when the court finds it appropriate (Tenn. Code Ann. § 36-5-121). Need and ability to pay remain the most important factors.
Does Fault Affect Custody?
Only through the child's best interests. Conduct that affects the children, such as abuse, substance abuse, or instability, matters to the parenting plan. Conduct that does not affect the children usually matters less.
When Should You Use Irreconcilable Differences Instead?
If both spouses can agree on every issue, an irreconcilable differences divorce is usually faster and less expensive. The complaint must be on file at least 60 days without minor children, or 90 days with minor children, before the divorce can be granted. At Wise Law, a typical agreed divorce takes 3 to 4 months, and a typical contested divorce in Davidson County takes 8 to 10 months or longer.
How Wise Law Handles This
Frequently Asked Questions
What counts as inappropriate marital conduct in Tennessee?
Conduct by one spouse that makes living together unsafe and improper. It can be a pattern of behavior, not just one event.
Do I have to prove fault to get divorced in Tennessee?
Only if your spouse will not sign a marital dissolution agreement. Without an agreement, the divorce must proceed on a fault ground.
Does fault change how property is divided?
No. Tennessee divides marital property without regard to marital fault, though wasteful dissipation of assets can affect the division.
Does fault affect alimony in Tennessee?
It can. Relative fault is one factor a court may consider in deciding alimony.
Can both spouses be granted the divorce?
Yes. A court can grant the divorce to either or both spouses, or declare the parties divorced without assigning fault.
How much does a contested divorce cost at Wise Law?
At Wise Law, contested divorces start with an upfront flat fee between $1,500 and $5,000. Mediation, court appearances, and trial are each priced before they begin.
Related Reading
- Nashville contested divorce lawyer
- Pricing and staged flat fees
- Contested divorce timeline
- Irreconcilable differences divorce in Nashville
Talk to a Nashville Divorce Lawyer
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Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.