§ 36-4-131. Mediation — Waiver or Extension — Domestic Abuse
Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation. The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to: Any factor codified in § 36-6-409(4); Either party is unable […]
§ 36-4-132. Appointment of Guardian Ad Litem
In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage. The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be […]
§ 36-4-117. Proof When Ground Is Spouse’s Refusal to Remove to This State
If the divorce is sought by the complainant spouse on the ground of the defendant spouse’s refusal to remove with the complainant spouse to this state, and of the defendant spouse’s willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the […]
§ 36-4-118. Proof When Ground Is Conviction of Crime
The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence. Code 1858, § 2464 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., § 4217; Code 1932, § 8442; T.C.A. (orig. ed.), […]
§ 36-4-119. Decree of Court Generally
If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time. Code 1858, § 2465 (deriv. […]
§ 36-4-120. Ill Conduct Defense
If the cause assigned for a divorce is that specified in § 36-4-101(a)(11), the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with […]
§ 36-4-121. Distribution of Marital Property
In all actions for divorce or legal separation, the court having jurisdiction thereof may, upon request of either party, and prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, equitably divide, distribute or assign the marital property between the parties without […]
§ 36-4-122. Costs
The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property. Code 1858, § 2477 (deriv. Acts 1831, […]
§ 36-4-123. Appeals
Appeals in divorce cases shall be governed by the Tennessee Rules of Appellate Procedure. Pending appeal, orders and decrees of the trial court shall have the effect prescribed by the Tennessee Rules of Civil Procedure. Code 1958, § 3158; Shan., § 4890; Code 1932, § 9039; Acts 1970, ch. 595, § 1; 1981, ch. 449, […]
§ 36-4-114. Proof Required
If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either […]