The following are causes of divorce from the bonds of matrimony: Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation; Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting; Either party has committed adultery; Willful or malicious desertion […]
A party who alleges grounds for divorce from the bonds of matrimony may, as an alternative to filing a complaint for divorce, file a complaint for legal separation. Such complaint shall set forth the grounds for legal separation in substantially the language of § 36-4-101 and pray only for legal separation or for such other […]
In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to § 20-2-215. In lieu of service of process, the defendant may enter into a written notarized marital dissolution agreement with plaintiff that makes specific […]
A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, […]
The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant […]
The complaint for divorce shall set forth the grounds for the divorce in substantially the language of § 36-4-101 or § 36-4-102, and pray only for a divorce from the defendant, or for a divorce and such other and further relief to which the complainant may think to be entitled. In cases wherein an answer […]
The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 — 58-1-607, that […]
The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases. In actions for annulment of marriage, service on the defendant may be by subpoena or […]
If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter. Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., § 4208; Code 1932, § 8433; […]
The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation. Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., § 4210; Code 1932, § 8435; T.C.A. (orig. ed.), § 36-810.
It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that: The complainant has been guilty of like act or crime; The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act; The […]
Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary. Code 1858, […]
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 […]
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.
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 […]
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 […]
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.), […]
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. […]
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 […]
