Tennessee Code Annotated

Tenn. Code Ann. § 36-4-101 (2026)

Grounds for divorce from bonds of matrimony

✓ current as of May 2026

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(a) The following are causes of divorce from the bonds of matrimony:
- (1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
- (2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
- (3) Either party has committed adultery;
- (4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
- (5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
- (6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
- (7) Either party has attempted the life of the other, by poison or any other means showing malice;
- (8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
- (9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
- (10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
- (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
- (12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
- (13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
- (14) Irreconcilable differences between the parties; and
- (15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.

(b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1, 2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch. 63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts 1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, § 1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch. 853, § 2; T.C.A. (orig. ed.), § 36-801(I); Acts 1985, ch. 178, § 1; 1989, ch. 393, § 1; 1998, ch. 1059, §1; 2007 , ch. 519, § 1.

Notes of Decisions

Cited in 141 cases (19 in the last 5 years), 1986–2026 · leading case: Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000).

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Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). · cites it 51× “Earls failed to carry his burden of proving the existence of one of the grounds for divorce in Tenn.Code Ann. § 36-4-101 (Supp.1999). Second, the trial court concluded that the parties should not be divorced *882 because Ms.”

Blackburn v. Blackburn, 270 S.W.3d 42 (Tenn. 2008). · cites it 8× “Grounds for Divorce When filing a complaint for divorce, the complaint must allege the grounds for divorce as enumerated in Tennessee Code Annotated section 36-4-101. Tenn.Code Ann. § 36-4-106 (2005).”

Thompson v. Thompson, 797 S.W.2d 599 (Tenn. Ct. App. 1990). · cites it 4× “Adultery and bigamy are no longer complete bars to a spouse's right to seek a divorce on one of the grounds in Tenn. Code Ann. § 36-4-102 (1984) or one of the nofault grounds in Tenn.”

Chaffin v. Ellis, 211 S.W.3d 264 (Tenn. Ct. App. 2006). · cites it 2× “Both parties in this case alleged that the other was guilty of inappropriate marital conduct. Inappropriate marital conduct can be found when “[t]he husband or the wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and…”

State v. Cooper, 718 S.W.2d 256 (Tenn. 1986). · cites it 4× “The ground alleged in the petition was that of "irreconcilable differences" as authorized in T.C.A. § 36-4-101(11). The complaint was filed according to the procedure prescribed in T.”

Ingram v. Ingram, 721 S.W.2d 262 (Tenn. Ct. App. 1986). · cites it 2× “As a part of the divorce decree awarding the appellee a divorce on the statutory *263 ground of three years separation, T.C.A. § 36-4-101(12), the trial judge divided the marital property and awarded the appellant alimony at $2,000.”

Charlotte Scott Forbess v. Michael E. Forbess, 370 S.W.3d 347 (Tenn. Ct. App. 2011). “(b) The court may, upon stipulation to or proof of any ground of divorce pursuant to § 36-4-101, grant a divorce to the party who was less at fault or, if either or both parties are entitled to a divorce or if a divorce is to be granted on the grounds of irreconcilable…”

Michael D.C. v. Wanda L.C., 497 S.E.2d 531 (W. Va. 1997). “§ 25-4-2(1) (1992); Tenn.Code Ann. § 36-4-101(3) (1996); Tex.”

Cary v. Cary, 937 S.W.2d 777 (Tenn. 1996). · cites it 2× “See Tenn.Code Ann. § 36-4-101(11) (1991 Repl.”

Hill v. Hill, 152 S.W.3d 543 (Tenn. Ct. App. 2004). · cites it 3× “Tenn.Code Ann. § 36-4-101 (2001) provides, in pertinent part, that [t]he following are causes of divorce from the bonds of matrimony: [[Image here]] (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation…”

Bolin v. Bolin, 99 S.W.3d 102 (Tenn. Ct. App. 2002). · cites it 2× “” Tenn.Code Ann. § 36-4-101(11) (2001). Essentially, inappropriate marital conduct is where “either or both of the parties [have] engaged in a course of conduct which (1) caused pain, anguish or distress to the other party and (2) rendered continued cohabitation ‘improper,’…”

Jekot v. Jekot, 232 S.W.3d 744 (Tenn. Ct. App. 2007). · cites it 2× “§ 36-4-129(b), a trial court is given the discretion to grant a divorce to either or both of the parties as follows: The court may, upon stipulation to or proof of any ground for divorce pursuant to § 36-4-101, grant a divorce to the party who was less at fault or, if either or…”

Show all 141 citing cases →

— Tenn. Code Ann. § 36-4-101(11) — 17 cases

Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “Earls failed to carry his burden of proving the existence of one of the grounds for divorce in Tenn.Code Ann. § 36-4-101 (Supp.1999). Second, the trial court concluded that the parties should not be divorced *882 because Ms.”

Blackburn v. Blackburn, 270 S.W.3d 42 (Tenn. 2008). “Grounds for Divorce When filing a complaint for divorce, the complaint must allege the grounds for divorce as enumerated in Tennessee Code Annotated section 36-4-101. Tenn.Code Ann. § 36-4-106 (2005).”

Chaffin v. Ellis, 211 S.W.3d 264 (Tenn. Ct. App. 2006). “Both parties in this case alleged that the other was guilty of inappropriate marital conduct. Inappropriate marital conduct can be found when “[t]he husband or the wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and…”

State v. Cooper, 718 S.W.2d 256 (Tenn. 1986). “The ground alleged in the petition was that of "irreconcilable differences" as authorized in T.C.A. § 36-4-101(11). The complaint was filed according to the procedure prescribed in T.”

Cary v. Cary, 937 S.W.2d 777 (Tenn. 1996). “See Tenn.Code Ann. § 36-4-101(11) (1991 Repl.”

— Tenn. Code Ann. § 36-4-101(12) — 9 cases

Ingram v. Ingram, 721 S.W.2d 262 (Tenn. Ct. App. 1986). “As a part of the divorce decree awarding the appellee a divorce on the statutory *263 ground of three years separation, T.C.A. § 36-4-101(12), the trial judge divided the marital property and awarded the appellant alimony at $2,000.”

Harwell v. Harwell, 762 S.W.2d 140 (Tenn. Ct. App. 1988).

Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988).

Alan Reece Cunningham v. Sylvia Delain Cunningham (Tenn. Ct. App. 2003).

— Tenn. Code Ann. § 36-4-101(13) — 1 case

In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 36-4-101(14) — 6 cases

Nancy M. Houston v. Rocky J. Houston (Tenn. Ct. App. 2016).

Richard John Jolly v. Lynette Suzanne Jolly (Tenn. Ct. App. 2006).

Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000).

— Tenn. Code Ann. § 36-4-101(15) — 4 cases

Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000).

Carol Ann Vick Watson v. Frank Lee Watson, Jr. (Tenn. Ct. App. 2005).

Torrie Schneider Longanacre v. Matthew Robert Longanacre - Concur (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 36-4-101(2) — 1 case

Janna Sheya Falk v. Geary Falk (Tenn. Ct. App. 2005).

— Tenn. Code Ann. § 36-4-101(3) — 6 cases

Michael D.C. v. Wanda L.C., 497 S.E.2d 531 (W. Va. 1997). “§ 25-4-2(1) (1992); Tenn.Code Ann. § 36-4-101(3) (1996); Tex.”

Gary Wayne Robertson v. Lori Vanhooser Robertson - Concurring (Tenn. Ct. App. 1998).

Cathy P. McManamay v. Charles T. McManamay (Tenn. Ct. App. 1998).

Robert A. Stolze v. Janet F. Stolze (Tenn. Ct. App. 2011).

Randy Alan Barnes v. Amy Robertson Barnes (Tenn. Ct. App. 2005).

— Tenn. Code Ann. § 36-4-101(5) — 2 cases

Jenna Lauren Heath Milner v. Derrick Brandon Milner (Tenn. Ct. App. 2011).

Nancy M. Houston v. Rocky J. Houston (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 36-4-101(6) — 1 case

Tony Makoka v. Wendy Makoka-Mhlanga (Tenn. Ct. App. 2002).

— Tenn. Code Ann. § 36-4-101(a) — 1 case

Hem Raj Singh v. Neeta Singh (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 36-4-101(a)(1) — 2 cases

Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000).

— Tenn. Code Ann. § 36-4-101(a)(11) — 2 cases

Madeline Lee Williams v. Joshua Dwain Williams (Tenn. Ct. App. 2022).

George Edwards v. Alice Edwards (Tenn. Ct. App. 2012).

— Tenn. Code Ann. § 36-4-101(a)(13) — 7 cases

Merrell v. City of Harriman, Tennessee (TV1) (E.D. Tenn. 2023).

Kenneth M. Spires v. Haley Reece Simpson (Tenn. Ct. App. 2016).

Latony Baugh v. United Parcel Serv., Inc. (Tenn. Ct. App. 2015).

In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 36-4-101(a)(15) — 2 cases

Cathy Turnbo Franks v. Ronald Franks (Tenn. Ct. App. 2016).

Cathy Turnbo Franks v. Ronald Franks (Tenn. Ct. App. 2015).

— Tenn. Code Ann. § 36-4-101(a)(3) — 3 cases

Dustin Keith Gamble v. Madison Darlene Gamble (Tenn. Ct. App. 2025).

Joseph Alan Peters v. Sharon Olene (Coats) Peters (Tenn. Ct. App. 2009).

David Ashley Leonard v. Kimberly Champion Leonard (Tenn. Ct. App. 2024).

— Tenn. Code Ann. § 36-4-101(a)(6) — 1 case

Sarah Elizabeth Ferguson v. Johnny Wayne Ferguson (Tenn. Ct. App. 2008).

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