Tennessee Code Annotated

Tenn. Code Ann. § 36-4-114 (2026)

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If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require.

Code 1858, § 2459 (deriv. Acts 1835-1836, ch. 26, § 6); Shan., §4212; mod. Code 1932, § 8437; Acts 1977, ch. 107, § 4; T.C.A. (orig. ed.), § 36-813.

Notes of Decisions

Cited in 10 cases, 1985–2019 · leading case: Hyneman v. Hyneman, 152 S.W.3d 549 (Tenn. Ct. App. 2003).

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Hyneman v. Hyneman, 152 S.W.3d 549 (Tenn. Ct. App. 2003). · cites it 23× “Tenn.Code Ann. § 36-4-114 (2001). Wife argues that this statute specifically requires the trial court to conduct an eviden-tiary hearing when the defendant admits to the allegations in the divorce petition.”

Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). · cites it 8× “Tenn.Code Ann. § 36-4-114 (1996); see Warren v.”

Crews v. Crews, 743 S.W.2d 182 (Tenn. Ct. App. 1987). · cites it 2× “The quoted code section appears in the present code as Section 36-4-114 with additional words, “excepting divorces sought on grounds of irreconcilable differences.”

Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). · cites it 2× “T.C.A. § 36-4-114. That section provides as follows: If the defendant admits the facts charged in the bill or petition and relied upon for the ground for a divorce, or the bill be taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on…”

Warren v. Warren, 731 S.W.2d 908 (Tenn. Ct. App. 1985). · cites it 2× “T.C.A. § 36-4-114 (1980) provides: Proof required.”

Susan Lynn Slagle v. Robert Wayne Slagle (Tenn. Ct. App. 2019). · cites it 12× “On appeal, we hold that Tenn. Code Ann. § 36-4-114 (2017) requires a trial court to hear proof of the facts alleged before granting a divorce on any ground other than irreconcilable differences, in the absence of a valid stipulation between the parties.”

Lori Kay Jones Trigg v. Richard Darrell Trigg (Tenn. Ct. App. 2015). · cites it 14× “Tenn. Code Ann. § 36-4-114 ; id. at 552–53.”

Penny Arvidson Richards v. Neil Kingsland Richards (Tenn. Ct. App. 2016). · cites it 3× “Wife argues that the trial court erred in granting her a divorce based on Husband’s inappropriate marital conduct without hearing proof pertaining to that ground, citing Tenn. Code Ann. § 36-4-114 (2014), which provides: If the defendant admits the facts charged in the .”

Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). · cites it 4× “Tenn. Code Ann. § 36-4-114 (1996); see Warren v.”

Linda Diane Stutz v. David Larry Stutz (Tenn. Ct. App. 2005). · cites it 2× “2003) held that absent a mutual stipulation agreed upon by the parties, pursuant to Tenn. Code Ann. §§ 36-4-114 and 36-4-129, the trial court must conduct a hearing prior to entering a final decree of divorce.”

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