Tennessee permits dissolution of marriage based on irreconcilable differences, meaning neither party needs to prove wrongdoing by the other. This ground for divorce is established when the parties can no longer cohabitate as husband and wife, there is no reasonable prospect of reconciliation, and they agree to a settlement agreement addressing property division, spousal support, and child custody (if applicable). An alternative to this approach involves proving fault grounds, such as adultery, abandonment, or cruel and inhuman treatment.
The option for divorce based on irreconcilable differences streamlines the process and reduces potential acrimony. It allows couples to end their marriage without engaging in lengthy and often emotionally damaging courtroom battles centered on blame. Previously, establishing fault was often required to obtain a divorce, which could be expensive, time-consuming, and increase conflict. The availability of this avenue offers a more amicable path for couples seeking to separate.
