Can You Sue for Adultery in Tennessee?
Franklin divorce attorney explains how infidelity can affect your divorce
Adultery can devastate a marriage, and in Tennessee, it can have an impact on the divorce. In Tennessee, the law says that the court may divide the assets equitably without regard to marital fault in proportions as the court deems just. So, the courts attempt to divide assets equitably, no matter what happened. However, the fault could play a role in the court’s sympathy for a particular party, which could affect the ultimate result in the case. The law says that the courts can take fault, such as adultery, into consideration when determining alimony.
You can certainly sue for divorce on the grounds of adultery in Tennessee whether your spouse agrees to the divorce or not. Your spouse could also be denied the right to alimony if you can show that adultery was committed; or if not denied completely, alimony could be reduced. That’s where you need the help of an experienced divorce attorney.
When I represent clients who have been victims of adultery, where financially feasible and necessary, I work with an investigator to uncover evidence. That might include digital evidence like texts and emails, or it might include photos of the actual meetings, video, or even eyewitness testimony. We would also comb carefully through your finances to determine any anomalies. We may even call in a financial forensic specialist to find hidden accounts or expenditures that you didn’t know about. In some cases, we may be able to subpoena information from those accounts.
Even if not technically considered to be “adultery”, emotional affairs are certainly inappropriate marital conduct. Some people may admit to these emotional affairs. When they don’t, proof can often be found in the form of phone records, email logs, and more.
We’ll explore all the options to get the proof you need. The evidence depends on the circumstances of the case. No laws will be broken in the collection of evidence, such as illegal recording or digital spying.
Once we collect that evidence, I’m able to argue against your spouse receiving alimony from you, or at least having alimony reduced, even if he or she is in the weaker financial position and might receive it otherwise. I may also be able to negotiate a division of assets in your favor if we are able to prove that your spouse spent marital assets on the affair, such as by renting hotel rooms to have the affair, buying gifts for the non-marital partner, or even sending money to that partner to provide some kind of support.
Don’t let an extramarital affair continue to negatively impact your life. Once you decide it’s time to divorce, talk with me, Judy A. Oxford, a dedicated divorce lawyer from Franklin, Tennessee, to help you claim what’s yours. Don’t let your cheating spouse continue to take more. Call my office at (615) 791-8511 or use the secure online form to schedule a free consultation. Start taking back your life and protecting your future.