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What is a No Fault Divorce?

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In Tennessee, a no fault divorce is when the spouse who is asking for divorce doesn’t need to prove that the other has done something wrong.  This is usually the case of couples who find that they can’t get along (“irreconcilable differences” or “irremediable breakdown of marriage”).

In order to file for a no fault divorce in Tennessee, at least one spouse must have been a resident of Tennessee for at least 6 months, and the two must show that they have been living apart for at least 2 years.

No fault divorce is different from a fault divorce in that a fault divorce requires that one spouse must be proven to have caused intense damage to the marriage.  Typical grounds for divorce in a fault marriage include issues such as adultery, desertion/abandonment, abuse, or mental instability.

Because a fault divorce hinges upon one of the spouses ruining the marriage, it’s generally easier for the other spouse to gain an advantage in court.

In a no fault divorce, however, because neither spouse has done anything wrong, the court case can become a bit more muddled.  In a case like this, it’s undoubtedly in your best interest to hire a divorce attorney to represent your case.

Having a divorce attorney on your side would ensure that you don’t get cheated out of property that rightfully belongs to you.  Call us today to speak with our divorce attorneys and see how they can give your case the strong backup you need.

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