“During this time of emergency, our office will remain open servicing the needs of our community. Our office has the capability to perform consultations for new clients, meetings with existing clients, depositions, meditations and even Court hearings through live video or over the phone.”

Seeking divorce on the grounds of irreconcilable differences

On Behalf of | Jul 27, 2020 | Divorce

The bases for granting divorces in Tennessee are proof of statutory grounds or through the satisfaction of certain requirements. According to the American Bar Association, fault and no-fault are the two categories of legal grounds for obtaining a divorce. 

Individuals are seeking a no-fault divorce if both spouses plan to permanently separate and do not officially blame the breakdown of their marriage on one another. 

What are irreconcilable differences in divorce?

A common basis for no-fault divorce is “irreconcilable differences.” In family law, this term describes the collapse of the marital relationship due to the spouses not getting along. This rift causes a whole array of other issues in the marriage that are not mendable. 

What does a couple need for divorce on the ground of irreconcilable differences?

The Tennessee Code explains that to start the process of seeking divorce because of irreconcilable differences, the spouse filing for divorce serves the defendant spouse. The other option is for the parties to enter a notarized marital dissolution agreement in which the defendant acknowledges that the divorce takes place in Tennessee, and he or she waives further service of process and filing an answer to the original complaint. 

Another document needed by the court is a written agreement outlining settlement of any property rights and the care and custody of any children from the marriage. A court needs to find that the agreement is equitable and sufficient before officially including it in the divorce decree. 

Formulating an adequate parenting plan and a properly executed marital dissolution agreement will allow the divorcing parties to avoid mediation and make the court process more efficient.