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Yes, adultery is a fault-based ground for divorce in Tennessee. Which spouse caused the divorce matters and can be an important factor when awarding alimony. Also, adultery can impact child custody orders.
Also, if an adulterous affair resulted in marital assets being dissipated, then equitable distribution of marital property may favor the innocent spouse. Yes, adultery directly impacts several aspects of divorce in Tennessee law. Each of these points is discussed below. Is adultery against the law in tennessee? Adultery is not a crime in Tennessee. With an allegation the guilty spouse committed adultery, the circumstances must have been voluntary and not forced upon the spouse against his or her will.
Although adultery can be both grounds for divorce and a factor the courts consider for determining alimony, the courts are not supposed to use adultery in a punitive manner. What is considered adultery in a divorce? In Tennessee, many courts will consider an innapprpriate relationship to have the same impact as adultery even if there is not direct evidence of actual sexual intercourse. Adultery in divorce is marital misconduct.
This misconduct is sufficient to support a claim that the extramarital affair is legal reason for why a divorce should be granted and the bonds of matrimony dissolved. Particular circumstances matter. Examples of marital misconduct other than sexual intercourse could include spending the night together in a hotel room, ificant funds spent on travel, dining out, and expensive gifts, and regular absence from the marital residence.
To prevail in the divorce on adultery grounds, the complainant must prove to the judge by a preponderance of the evidence that the extramarital sexual intercourse actually occurred.
Anticipating those challenges, the legal strategy of experienced family law attorneys will include encouraging some clients to add inappropriate marital conduct as an alternative ground for divorce. If adultery cannot be proven with direct evidence, then infidelity as inappropriate marital conduct could be proven with circumstantial evidence. Either finding would result in a final decree dissolving the marriage. As part of the divorce, the economically dependent spouse may seek an award of alimony.
Importantly, there are numerous alimony factors the court considers, one of which is the relative fault of the parties. Because adultery squarely fits the definition of marital fault, the judge has discretion to consider infidelity in deciding alimony. Many parents lose sight of the impact being unfaithful and having an extramarital affair could have on their child custody cases. Dating during the marriage is still cheating in Tennessee law even though the divorce is pending.
Most adultery involves wasteful spending. Wasteful spending can be dissipation and will often be an important factor in overall division of marital property. Consequently, the injured spouse may reclaim a portion of the Married looking for affair free Knoxville Tennessee property that was wrongly dissipated.
The process of dividing marital property requires equitable distribution in Tennessee divorce. Equitable refers to fairness for both parties. However, the court has discretion to balance the equities if the extramarital affair provably dissipated marital assets. Like any other grounds for divorce or factor for alimony, the burden of proof is on the person seeking to allege adultery.
Many times, it is admitted. If not admitted, the most common evidence to prove innappropriate relationships include obtaining credit card statements, bank statements, and cell phone records, and using a private investigator. Filing for Divorce in Shelby Co.
Most common reason for divorce? What can you NOT do during a divorce? When can I reduce my TN child support with more than one child? How to Tell Kids About Divorce What is the legal age that can choose which parent to live with? Can therapy be used against me in my custody case? What is a Parenting Journal? Who Gets the Child Tax Credits? What is Child Custody Jurisdiction? Is there an adultery law in Tennessee? Search MemphisDivorce. Subscribe to Our E-Mail Newsletter.
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Is there an adultery law in Tennessee?