Tennessee recognizes at-fault and no-fault divorces. For most people, no-fault divorces are entered, stating that the marriage is simply irretrievably broken. For others, a fault is entered. Faults typically include abandonment, prison confinement, the inability to have sexual intercourse, cruelty and adultery.
For some, choosing a “fault” divorce is better, because there is no requirement to live apart for any length of time before filing. When you choose to prove fault, you’ll also give yourself a chance to fight for a larger portion of your assets compared to if you filed a no-fault divorce. That makes a “fault” divorce more attractive to those who have been wronged.
If you are entering a no-fault divorce, then you agree that neither party did anything wrong, per se, but that you no longer wish to be married due to a breakdown in your marriage. With this type of divorce, you’ll likely have to live apart for a period of time before filing. Then, you’ll need to determine how you want to divide your assets, determine child custody plans if you have children and work through other factors of your divorce. Once you do this, you can submit your divorce documents to the court for approval.
No matter what kind of divorce you choose, there are many things you’ll need to do. Dividing your property is just one of them you’ll need to work through. Our site has more on what to expect when you decide to file for divorce, so you can prepare yourself and the documents you need to complete a divorce quickly.