Grounds for Divorce in Tennessee

Tennessee recognizes both fault-based and no-fault grounds for divorce. Understanding the difference matters, not just philosophically but strategically. The ground you file on can affect property division, alimony, and the overall trajectory of your case.

Irreconcilable Differences (No-Fault)

Irreconcilable Differences is Tennessee’s no-fault ground. It simply means the marriage is broken and cannot be repaired. You do not need to prove anyone did anything wrong. Both parties have to agree to use this ground, and it requires a Marital Dissolution Agreement signed by both parties before the court will grant the divorce on this basis alone.

We list Irreconcilable Differences on virtually every complaint we file, even contested ones. It keeps the door open for settlement while we litigate the fault ground in parallel.

Fault-Based Grounds in Tennessee

Tennessee Code Annotated § 36-4-101 lists the recognized fault grounds: Inappropriate Marital Conduct, also called Cruel and Inhumane Treatment, which is the most commonly alleged fault ground; Adultery; Desertion for one year; Conviction of a felony; Drug or alcohol abuse; Abandonment; Impotency; Pregnancy by another at the time of marriage; Refusal to remove to Tennessee; Attempt on the life of the spouse; Indignities; Infamy; and Bigamy.

Why Fault Grounds Matter

Tennessee courts can consider fault when dividing marital property and awarding alimony. A proven fault ground does not guarantee a better outcome, but it can influence a judge’s discretion, and it creates negotiating leverage even if the case never goes to trial.

Adultery is the most commonly alleged and the most commonly contested. If you believe adultery occurred, we will advise you on what evidence is needed to prove it and whether pursuing it is worth the cost and emotional toll.

Defenses to Fault Grounds

The most important defense to know is Condonation, the legal forgiveness of a marital fault. If your spouse committed adultery and you continued to have sexual relations with them after learning of it, you have legally condoned the act. It cannot then be used as a ground for divorce. If adultery is an issue in your case, speak with us before making any decisions about your marital relationship. See also our page on Contested Divorce in Memphis.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.