In Tennessee, the grounds for divorce are prescribed by statute. T.C.A. 36-4-101 outlines fifteen grounds for divorce. Out of the fifteen (15) grounds, there are two (2) that are considered “no-fault” grounds. The first is the ground of irreconcilable differences. There is also a ground for divorce if for a continuous period of two (2) or more years, both parties have not cohabitated, and there are no minor children. Irreconcilable differences is by far the most prevalent no-fault ground and will be the focus of this article.
The first step in any divorce, including a no-fault based divorce, is filing a divorce complaint alleging the ground, or reason, for divorce. Filing a divorce based upon irreconcilable differences is generally the quickest and least expensive route to take. This method allows for a dissolution of the marraige without the necessity of blaming one party’s actions for the unraveling of the marriage, or scouring for evidence of misconduct. Instead, when pleading irreconcilable differences, the parties are simply stating that they no longer wish to remain married.
So, why doesn’t everyone file their divorce based on irreconcilable differences? In order to get divorced by irreconcilable differences, the parties must agree on all terms and issues of the divorce. A document known as a Marital Dissolution Agreement (MDA) must be agreed to and signed by both parties dividing all assets and debts of the marriage. Additionally, if the parties have minor children, they must agree to and sign a Permanent Parenting Plan setting forth an agreed visitation schedule and child support obligation. The Marital Dissolution Agreement and Permanent Parenting Plan are then presented to the Court for the Court’s approval and incorporation into a Final Divorce Decree.
If the parties are unable to agree on all issues, they will not be able to proceed with a divorce based solely upon irreconcilable differences. You and your spouse may have issues in your divorce that appear unresolvable but the assistance of an experienced divorce attorney may help.
The contents of this post do not constitute legal advice.
