Tennessee Code Annotated
Tenn. Code Ann. § 36-4-112 (2026)
Defense when ground is adultery
✓ current as of May 2026
If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
- (1) The complainant has been guilty of like act or crime;
- (2) The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
- (3) The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or
- (4) The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.
Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9); Shan., §4213; mod. Code 1932, § 8438; T.C.A. (orig. ed.), § 36-811.
Notes of Decisions
Cited in 9
cases, 1987–2007 · leading case: Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000).
Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “, T.C.A. §§ 36-4-112, 36-4-120. And fault is one factor among many in determining alimony.”
Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). “Where the courts below completely overlook material undisputed facts, this Court is not bound by the concurrent finding rule. We find that Wife committed adultery with Mike Joyce in January and February of 1985.”
Wilder v. Wilder, 863 S.W.2d 707 (Tenn. Ct. App. 1992). “We agree with the wife’s assertion that under T.C.A. § 36-4-112 she is entitled to an absolute defense to the husband’s claim for an entitlement for divorce based on adultery since he has admitted to having committed a like act.”
Stanfill v. Stanfill, 742 S.W.2d 267 (Tenn. Ct. App. 1987). “T.C.A. § 36-4-112 provides that, if the assigned cause for divorce be adultery, it shall be a good defense that the plaintiff has been guilty of “like act or crime”.”
Harwell v. Harwell, 762 S.W.2d 140 (Tenn. Ct. App. 1988). “2 The statutory defense of recrimination set forth in T.C.A., § 36-4-112 may be a defense to a complaint for divorce based upon defendant’s adultery where the complainant has “been guilty of like act”.”
Amy Blankenship v. Carl Blankenship (Tenn. Ct. App. 2001). “T.C.A. § 36-4-112 provides defenses to adultery including a bar where “complaint has admitted the defendant into conjugal society and embraces after knowledge of the criminal act,” referred to in Tennessee case law as “condonation”.”
Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). “, T.C.A. §§ 36-4-112, 36-4-120. And fault is one factor among many in determining alimony.”
Cathy P. McManamay v. Charles T. McManamay (Tenn. Ct. App. 1998). “T.C.A. § 36-4-112 provides: 36-4-112 - Defense when ground is adultery.”
Boyatt v. Boyatt, 248 S.W.3d 144 (Tenn. Ct. App. 2007). “§ 36-4-112. Thus, an unfaithful spouse who can prove that the other spouse has also been unfaithful may thereby prevent the use of adultery as a ground for divorce in certain circumstances.”
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