Grounds for Divorce: Physical or Emotional Conditions

Is your partner creating a hostile environment, living with an addiction, or experiencing a health condition that affects your ability to have a family? In this article we will break down the physical or emotional conditions that can apply to a fault-based divorce. 

There are three primary conditions that establish physical or emotional grounds for divorce in the state of Tennessee according to the Tennessee Code Annotated § 36-4-101: 

1. Impotence or Inability to Procreate
   If one party has decided they want children, and the other party was naturally impotent at the time of the marriage and remains infertile, this creates grounds to file for divorce. To successfully separate using this method, one party must have incurable impotence affecting both copulation and procreation. Temporary or curable conditions are not qualifiers, but if treatment is refused, then the court will still allow divorce using this condition. If you are a same-sex couple or have another family dynamic other than male and female, contact The Goetz Firm to explore your options. We will help with any family structure and will make sure your voice is heard in the courtroom. 
2. Pregnancy by Another Man
   This ground applies only if you are a recently-married man, and married to a woman. If your wife conceived a child with another man outside of your knowledge before you were officially married, then this is a viable option for divorce. This condition can be mistaken for another condition, adultery, but the differentiator is the title of the relationship at the conception of the child. In this instance, the pregnancy happens before the marriage and is discovered after the paperwork has been accepted by the courts. There are possibilities this condition may not apply, or there may be better options for your separation. Be sure to schedule a complimentary consultation to get more guidance. 
3. Habitual Drunkenness or Drug Abuse
   Did your spouse develop an addiction to drugs or alcohol after you married? If you did not have prior knowledge of the addiction, or if it can be proven the addiction developed after the marriage occurred, this may be a viable option for divorce. These divorces may accompany emotional traumas and additional complexities, making it extremely important to have the right legal counsel to help protect your wellbeing. The Goetz Firm is proud to represent spouses that have experienced the secondhand effects of addiction, and would love a chance to help support your family. 

Our firm has represented a wide range of divorces and has experience with other family law matters. If you are concerned about children, assets, or other factors that will be brought up in a separation, we are ready to help you navigate your specific scenario. 

If you are still wondering if your scenario is considered grounds for divorce, please continue to explore our articles in the Grounds for Divorce series, including criminal misconduct and absence. Don’t forget, there are also two ways for parties to complete a no-fault divorce to potentially speed up the separation process. To understand your best option(s), contact The Goetz Firm for a free consultation.