Grounds for Divorce: Criminal Misconduct

If you are seeking a divorce in the state of Tennessee and your partner has committed a crime, this may be considered fair grounds for divorce. It’s important to understand what is applicable under the Tennessee Annotated Code, and that varies based on the crime committed, the sentence for the convicted person, and other factors. For an in-depth look at your situation, set up a complimentary consultation with The Goetz Firm to hear from an experienced divorce attorney in eastern Tennessee. Your divorce lawyer can walk you through these grounds, let you know if they apply, and the best next steps for your situation.

According to TN Code § 36-4-101 (2024), grounds to divorce citing criminal misconduct include:

1. Being convicted of any crime that, by the laws of Tennessee, identifies the party as infamous. These crimes include, but are not limited to, rape, incest, larceny, horse theft, and forgery [T.C.A. § 36-4-101(a)(5)]. 

2. Conviction of a crime that results in a felony, and results in serving time in a correctional facility. Some felonies do not result in serving time in a facility, so it’s important to find a lawyer that can help determine the best determination to cite for your separation. 

3. Falling within a similar category, if a person has attempted to terminate the life of the other via poison or other malicious means, it’s possible to use this as grounds for legal separation for the safety of the threatened party. There are other legal actions that should be taken if this is the scenario being considered, so it’s important to find a divorce lawyer or a family attorney to ensure your safety and longevity is the top priority. 

Exploring grounds for divorce for any reasons involving criminal misconduct is likely a result of additional traumas that have ended in a court sentencing. Throughout these legal proceedings, it can be difficult for families to understand the next best steps for them, or to find legal representation they trust. To find the best fit, explore divorce lawyers that offer free legal consultations to get a sense of who they are, what they stand for, their experience, and how they plan to help. Each family should feel confident their legal representation is actively working in their best interest, and for speedy outcomes. 

Check out the other articles in the Grounds for Divorce series including absence, physical or emotional conditions, or two ways parties can complete a no-fault divorce in the state of Tennessee for faster outcomes. Or, reach out to an experienced divorce lawyer at The Goetz Firm.