There are many reasons that two spouses may want their marriage to end, ranging from simply falling out of love to one party stepping out on the other. Abandonment is a valid reason for one spouse to file for divorce in Tennessee. When you decide to file for divorce it is important to understand all of your options and whether or not your reasons for filing are considered legally valid in the state you are in. A Memphis, Tennessee divorce grounds lawyer can help you determine whether or not you are ready to file the official complaint. Reach out to an experienced attorney at Rice Law for more information and skilled representation today.
What is a Fault-Based Divorce?
Tennessee state law allows married couples to file for either a no-fault or fault-based divorce depending on the details of their relationship and what led to the end of their marriage. A no-fault divorce is one where neither party is to blame for the termination of the relationship, they simply are no longer compatible. These types of divorces are generally filed on the basis of irreconcilable differences.
A fault-based divorce, however, is a divorce that occurs as a direct result of one spouse’s behavior and actions. The filing spouse is required to include the grounds for divorce and prove how their partner caused the demise of the relationship. Valid fault-based grounds include the following.
- Adultery
- Impotence
- Bigamy
- Infamous conviction
- Felony conviction
- Cruel and inhumane treatment
- Attempted murder
- Substance abuse
- Undisclosed pregnancy by another person
- Refusal to move
- Intolerable behavior
- Long-term separation
- Desertion
Tennessee enforces many fault-based grounds for divorce, including desertion, a.k.a abandonment.
How Does TN Define Abandonment in Divorce?
In Tennessee, abandonment is considered a valid ground for divorce. When two people get married and take vows they promise to stay by each other’s side forever. While this applies to emotional support it also includes physical proximity.
Under TN state law, it is considered abandonment when one spouse leaves the other or kicks them out of the home without just cause and refuses or neglects to provide for them. The desertion must be willful and malicious and last for at least one year to be considered a valid reason to file for divorce.
How Can I Prove Abandonment in My Divorce?
Keep in mind that when you file for a fault-based divorce, you are required to provide evidence demonstrating that your spouse’s behavior caused the breakdown of your marriage. If your spouse abandoned you it is just cause for divorce but first, you must prove your claim in court.
To do so you must present information showing that your spouse left the marital home without your consent, they had no valid or justifiable reason for leaving, they have ceased financial support, you have tried to contact them, and that this has been going on for one year or longer. Effective evidence could come in the form of personal testimony, witnesses who know you and your family, financial records, phone and email records, and more.
To learn more about how to file for divorce based on abandonment, reach out to an attorney at Rice Law today.
