Types of Divorce in Tennessee: Two Reasons for No-Fault Divorces

In 2022, there were three divorces for every 1,000 members of the population (1). If you are looking into whether this option is right for you, you aren’t alone.  

There are two areas that are grounds for divorce in the State of Tennessee which fall under no-fault category. To understand which may apply to your specific scenario, contact The Goetz Firm for a complimentary consultation. Or, check out the other blogs in our Grounds For Divorce series including physical or emotional conditions, misconduct, and absence or criminal conduct.

Two areas for no-fault divorces listed in Tennessee Code Annotated §§ 36-4-101 — 36-4-135 include: 

1. Irreconcilable Differences
   Both parties agree to separate and must reach a written agreement addressing child custody, support, and property division before the divorce is finalized. This is arguably the simplest separation type and helps ensure both parties are satisfied with the outcome.(2) 

For example, if you and your partner mutually agree the marriage is over, agree to split time with the children on a bi-weekly basis, have an idea of a child support amount, and want to sell the home by splitting the costs and profits 50/50, this type of separation would likely be right for you. 

1. Two Years of Separation Without Minor Children
   If there are no children involved in the marriage, individuals may dissolve the marriage if they have been living separately for two years. This is Tennessee’s only true no-fault ground, and applies even if one party objects to the divorce.

For example, if your partner has removed their possessions from your shared home and changed where their mail is being sent for two years or more, and there are no living children shared between you and this individual, you may be able to dissolve the marriage using this category for separation. 

No-fault divorces differ from divorces where an at-fault party is named. In fault-based divorces, the marriage is separated without one party being accused of causing the marriage to fail within Tennessee’s grounds for a fault-based divorce. Evidence must be presented that supports these claims, and may lead to the courts favoring one party’s requests.

For experienced help and guidance through legal separations, set up a complimentary consultation with The Goetz Firm today.

Sources:

1) Centers for Disease Control and Prevention. (n.d.). Tennessee. National Center for Health Statistics. Accessed February 10, 2025. https://www.cdc.gov/nchs/pressroom/states/tennessee/tn.html