Runyon & Runyon
  • "This little note is to say thanks for all you have done for me. You worked so hard to prove that we told the truth. However it turns out, I know you did your best."
  • "Thank you and the Runyon team for everything that you all have done for my son. I truly appreciate it."
  • "Thank you Mrs. Browning for all of your help, and if you could pass my thanks on to Ray. Your team helped more than you know. If you ever need to reach me for anything further ill be here.Thank you again."
  • " I can’t put into words how grateful I am for all you have done for me. Thank you for listening and understanding what I was going through...”
  • " Thank you for taking care of everything for me in a professional manner. The staff is awesome also!”
  • " I wanted to thank you for your support. You are the best attorney in Clarksville. I could not have done it without you”
  • " Should I need legal service again you will be my only one to call. Thank you so much”
  • " Ray took time out of his busy schedule to fit us in at a time of crisis on several occasions”
Read More
Contact Us For An Appointment
toll free 800-568-1534
local 931-305-0061

Does a fault-based divorce require more evidence?

Tennessee’s approach to a no-fault divorce is termed irreconcilable differences. Yet state law also lists a number of fault-based grounds, such as impotence, adultery, abandonment, cruel and inhuman treatment, and other grounds. 

Is the distinction between a divorce on fault or no-fault grounds significant? As a law firm that has helped many clients through both amicable and contentious divorces, the ground(s) stated in the divorce filing can make an impact. 

For starters, a fault-based divorce requires the court to hear evidence in support of the alleged ground before granting the divorce. That burden of proof does not apply in a no-fault divorce citing irreconcilable differences. 

Going the no-fault approach may also create an environment more favorable to producing settlement agreements. The process used to reach agreement on issues such as property division, debts, child custody, and/or support is not strictly specified. Whether parties informally met with their attorneys, requested a mediator or enlisted a variety of collaborative law techniques, the end product generally must be a written settlement agreement. 

After the parties’ agreements on the material divorce terms have been reduced to writing, the court will review the proposed settlement. That process generally includes a hearing where the judge may ask certain questions of each party. The purpose of that hearing is for the court to ensure that the negotiation process was fair. Typical safeguards generally include whether each party understands the proposed agreement and whether the terms blatantly or unduly take advantage of another party.

Related article: “Grounds for divorce in Tennessee,” copyright 2016, Runyon & Runyon 

Source: FindLaw, “Settlement Agreements and Court Approval,” copyright 2016, Thomson Reuters

No Comments

Leave a comment
Comment Information

We Have Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy