In Tennessee, adultery is illegal and is a valid grounds for a divorce. This means that if your spouse cheated on you and you are able to provide circumstantial evidence to the courts, that you will be able to move forward with your divorce whether or not the adulterous spouse opposes your decision. This will trigger a fault-based divorce proceeding, which will rely on your ability to provide reasonable proof that your spouse was having an extramarital affair.
From there, you may find yourself wondering what, if any, additional options do you have to punish your spouse for ruining your marriage with their infidelity, or to at least make sure that your life remains stable once you leave this unfaithful partner. Going through any divorce is complicated, but working with a divorce attorney like R. Timothy Hogan may be your best bet at working towards an outcome that protects you and your children financially.
Read more below to learn a bit more about how adultery is handled in the Tennessee Family Courts.
What Is Adultery, and Is It Grounds For Divorce?
In the state of Tennessee, adultery is defined as a voluntary sexual act with someone who is not your spouse. Many states in the US are what is known as a “no-fault” state, meaning that divorces can be filed even if there is no specific fault to point to. Tennessee works differently, and you will need to provide a fault in order to move forward with your divorce.
If you are able to prove that your spouse cheated on you during the marriage, this will be an acceptable reason to seek a divorce.
Will Adultery Impact Alimony Payments?
The answer to this question is very complicated, for a variety of reasons. One reason is that alimony is in no way meant to be a punitive measure, meaning that a court will not make an unfaithful spouse pay alimony simply as punishment for their actions.
Alimony is intended to provide the financially-dependent spouse with financial support so that they can enjoy the same quality of life as they did when they were still in the marriage. However, if the financially-dependent spouse was also the spouse who committed adultery, it may mean that they are not able to collect alimony payments. There are many different factors that will need to be considered before a court will determine whether or not a spouse is entitled to alimony payments if they were the ones responsible for the fault of the divorce.
Are There Other Impacts That Adultery Has On Divorce?
As mentioned above, there are a lot of different ways that adultery can play into a divorce case. In order to get the best understanding of how these actions, either by you or your spouse, will impact your upcoming divorce, as well as issues like alimony, child support, and child custody, your best bet is to speak with an attorney as soon as possible. While adultery is an acceptable grounds for a divorce in Tennessee, it does not mean that every step after proving the infidelity will be simple and easy. These processes can be stressful and drawn out, and you will be very happy to have a lawyer by your side through each step.
