§ 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 […]
§ 36-4-133. Compliance With Notice of Insurance Termination Provisions Required
On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366, if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring […]
§ 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 […]
§ 36-4-115. Form of Proof
Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure. Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22); Shan., § 4215; mod. Code 1932, § 8440; T.C.A. (orig. ed.), § 36-814.
§ 36-4-116. Affidavits of Proof Not Required — Sworn Statements Concerning Financial Matters Required — Sworn Statements as Evidence
No judge or chancellor shall require the filing of affidavits of proof from witnesses, plaintiffs, defendants, or petitioners and respondents in support of any complaint for divorce, legal separation, separate maintenance or annulment. Any such judge or chancellor may, however, require a sworn statement from such persons relative or pertaining to the income of the […]
§ 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 […]