Franklin Divorce Lawyer
Proving grounds in a Tennessee divorce
A lot of times, married people decide that they just can’t get along anymore or that they aren’t in love and they want a divorce. In legal terms, it is known as irreconcilable differences, and you don’t have to prove it to get a divorce, as long as both parties agree to all the terms of the divorce. But sometimes, one person may not want the divorce. Then the person suing for the divorce must prove that there is a good reason, or grounds, for the divorce under the law.
Proving grounds is not always simple. You need to work with an experienced Franklin divorce lawyer who understands what the recognized grounds are for divorce in Tennessee and how to prove those grounds. I help my clients prove grounds in a contested divorce.
What are the grounds for divorce in Tennessee?
Tennessee recognizes at least 15 grounds for divorce. One is “irreconcilable differences,” which must be agreed to by both parties. The other grounds that are recognized in the state include:
- Inappropriate marital conduct, formerly known as cruel and inhuman treatment, which can include physical abuse or even abandoning the marital bed
- Adultery, which includes extramarital relations after a separation
- Pregnancy by another man without the husband’s knowledge
- Impotence and inability to procreate (at time of marriage)
- Desertion for at least one year
- Two years’ separation if no minor children are involved
- Refusal to move to Tennessee without reasonable excuse (must last at least two years)
- Abandonment, involving kicking a spouse out of the house and refusing to provide support
- Conviction of a felony
- Conviction of an infamous crime, such as incest
- Habitual drunkenness or drug abuse, if the habit is acquired after marriage
- Indignities, which means the infliction of physical pain or the attempt to do so
- Attempt to kill spouse
Some of these grounds have specific rules attached to them. For example, if you want to divorce your wife because she was pregnant with another man’s baby before you married her, you cannot claim these grounds if you also had sexual relations with her before marriage. The court assumes you knew of her “unchastity.” Some rules are a little outdated for today’s social mores, but they are still the law.
As an experienced Franklin divorce lawyer, I understand the intricacies of the law and how they apply to your case. I help my clients put together the appropriate evidence needed to prove grounds so that they can get the outcome they want. I also counsel my clients on the appropriate strategy for suing for divorce based on the circumstances.
Possible strategies for proving grounds for divorce in TN
It is not always easy to prove the grounds for your divorce, which is why you need to work with a Franklin divorce lawyer to get success. Say you want to use adultery as the grounds for divorce. You must show not only that your spouse had the inclination to commit adultery but also had the opportunity to do so. You will need to produce whatever evidence you can, including communications like texts or emails, phone records, receipts that can show location or intent (such as gifts from an adult store, for example), or even photos.
Proving grounds can get tricky because you also have to be sure that you’re obeying the law when you collect the evidence. You can’t tap into your spouse’s phone or steal their personal records. I help my clients put together the evidence they need through legal means. I work with investigators and interview witnesses to get the evidence we need, including computer and communications data, financial records, and testimony about your spouse’s actions. It is my goal to provide unquestionable evidence so that your divorce can be granted as easily and efficiently as can be done.
Work with a dedicated divorce attorney to protect your future
Getting your divorce frees you to pursue your own happiness. Call me, Judy A. Oxford, a Franklin divorce lawyer who is dedicated to getting results to try to protect your future. Call my office at (615) 791-8511 or use the secure online form to schedule a free consultation. I help you determine the best grounds to pursue for your contested divorce and determine a strategy for obtaining the necessary evidence.