Tennessee Code Annotated
Tenn. Code Ann. § 36-4-120 (2026)
Ill conduct defense
✓ current as of May 2026
- (a) If the cause assigned for a divorce is that specified in § 36-4-101(a)(11), the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court.
- (b) But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require.
Code 1858, §§ 2466, 2467 (deriv. Acts 1835-1836, ch. 26, §§19, 20); Shan., §§ 4219, 4220; Code 1932, §§ 8444, 8445; T.C.A. (orig. ed.), §§ 36-818, 36-819; Acts 1998, ch. 1059, § 11.
Notes of Decisions
Cited in 13
cases, 1984–2016 · leading case: Thompson v. Thompson, 797 S.W.2d 599 (Tenn. Ct. App. 1990).
Thompson v. Thompson, 797 S.W.2d 599 (Tenn. Ct. App. 1990). “Thompson provoked her conduct and, therefore, that she has made out a defense pursuant to Tenn. Code Ann. § 36-4-120 (a) (1984). We disagree.”
Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “Earls denied the inappropriate marital conduct allegation and responded, in accordance with Tenn.Code Ann. § 36-4-120(a) (Supp.1999), that any ill conduct on her part was caused by ill conduct on the part of Mr.”
Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). “§ 36-4r-112 and T.C.A. § 36-4-120 are affirmative defenses under T.”
Perry v. Perry, 765 S.W.2d 776 (Tenn. Ct. App. 1988). “As stated, under Chastain, the statutory defense of justifiable cause, T.C.A. § 36-4-120, is not available where the ground for divorce is adultery.”
Bush v. Bush, 684 S.W.2d 89 (Tenn. Ct. App. 1984). “Therefore, the indiscretions of the wife could not possibly have been “justifiable cause” for the husband’s misconduct within the contemplation of TCA § 36-818 (now § 36-4-120), cited in Chastain, supra. There is, therefore, no merit in appellant’s contention that the wife…”
Stanfill v. Stanfill, 742 S.W.2d 267 (Tenn. Ct. App. 1987). “T.C.A. § 36-4-120 provides that, if the cause assigned for divorce be any one of those stated in § 36-4-102 (cruel and inhuman treatment) the defendant may prove ill conduct of the plaintiff as a justifiable cause for the conduct complained of.”
Harwell v. Harwell, 762 S.W.2d 140 (Tenn. Ct. App. 1988). “Another statutory defense set forth in T.C.A., § 36-4-120 provides if the ground for divorce is specified in T.”
Jeffrey Edmisten v. Kathy Edmisten (Tenn. Ct. App. 2003). “Wife’s answer to Husband’s counter-complaint raised justification or provocation as an affirmative defense to irreconcilable differences pursuant to Tenn. Code Ann. § 36-4-120 . Almost two years after her complaint was filed, Wife filed a motion to set pendente lite support.”
Jason Richard Madden v. Jill Cara Madden (Tenn. Ct. App. 2016). “Mother filed an answer admitting to irreconcilable differences and asserted the statutory defense of justifiable cause, see Tenn. Code Ann. § 36-4-120 , and requested that the parties be declared divorced pursuant to Tenn.”
Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). “In Lingner, however, the wife had sued only for divorce from bed and board and not for absolute divorce, and the court in granting her an absolute divorce over her objections applied code section 8445, now Tennessee Code Annotated section 36-4-120(b). Lingner has repeatedly been…”
Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). “Earls denied the inappropriate marital conduct allegation and responded, in accordance with Tenn. Code Ann. § 36-4-120 (a) (Supp. 1999), that any ill conduct on her part was caused by ill conduct on the part of Mr.”
Brenda L. Gray v. Stephen D. Gray (Tenn. Ct. App. 1996). “After the pre-trial conference in October 1994, the trial court declared the parties divorced pursuant to Tennessee Code Annotated section 36-4-120 and held that either party could present evidence of fault where relevant at the final hearing.”
— Tenn. Code Ann. § 36-4-120(a) — 3 cases
Thompson v. Thompson, 797 S.W.2d 599 (Tenn. Ct. App. 1990). “Thompson provoked her conduct and, therefore, that she has made out a defense pursuant to Tenn. Code Ann. § 36-4-120 (a) (1984). We disagree.”
Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “Earls denied the inappropriate marital conduct allegation and responded, in accordance with Tenn.Code Ann. § 36-4-120(a) (Supp.1999), that any ill conduct on her part was caused by ill conduct on the part of Mr.”
Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). “§ 36-4r-112 and T.C.A. § 36-4-120 are affirmative defenses under T.”
— Tenn. Code Ann. § 36-4-120(b) — 3 cases
Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “Earls denied the inappropriate marital conduct allegation and responded, in accordance with Tenn.Code Ann. § 36-4-120(a) (Supp.1999), that any ill conduct on her part was caused by ill conduct on the part of Mr.”
Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). “In Lingner, however, the wife had sued only for divorce from bed and board and not for absolute divorce, and the court in granting her an absolute divorce over her objections applied code section 8445, now Tennessee Code Annotated section 36-4-120(b). Lingner has repeatedly been…”
Jarrod Justin Jacobsen v. Olga Alekseenko Jacobsen (Tenn. Ct. App. 2013).
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