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Effects of Infidelity on Divorce in Tennessee

The act of committing adultery in itself is not a crime in the state of Tennessee. More than the act itself, the law is more geared towards the infidelity of the spouse which occurred as a result of this act. The circumstances of the act, the duration, and the mental and emotional effect the event had on the other partner all play a huge role in determining the outcome for the crime of infidelity in Tennessee.

Circumstances are especially important when considering whether or not a person willingly cheated on their partner. The partner could have committed the act against their free will or may have had some desperate reason to do so. Adultery in itself cannot be a reason to punish the person involved in the act.

The state of Tennessee is a "fault" state when it comes to matters of infidelity. This means that the grounds for considering divorce matter a lot in the state. Moreover, it can affect other factors such as child custody and distribution of property. These aspects will always tend to favor the other spouse and not the one who originally partook in the act.

Does Infidelity Affect Divorce in Tennessee
Adultery in Tennessee

Courts in the state of Tennessee do not simply view physical relations with a third person to be infidelity. Any kind of serious emotional relationship with someone who is not the person's spouse is also counted as a factor in the crime. Simply stated, any instance of marital misconduct can be grounds for infidelity in the state of Tennessee. These cases of misconduct include spending the night with someone else in a room, spending a lot of money on travel with them, going out abundantly with them and giving them a lot of gifts which may be draining the family, both through money and through emotional needs.


The courts in Tennessee often instruct the cheating individual to pay alimony to their spouse, so that their expenses can be met once the divorce is complete. In addition, the spouse who is in a better financial position may be instructed to pay alimony to cover the other spouse's living expenses, school education, or job training.

Moreover, they may have to pay the expenses of the other spouse's attorney. The courts of Tennessee direct the payment of alimony in such a manner that the spouse and the children can have the same standard of living that they used to enjoy during the marriage.

Infidelity and Divorce
Child Custody

Parents usually forget to take care of their children when pursuing a third person outside their marriage. In divorce cases regarding infidelity, courts usually take a stern look at the priorities of the individual regarding their child. Maximum emphasis is laid on the welfare of the child at this point. It is automatically assumed that an individual having an extramarital affair did not put their child above their desires. The impact that the event had on the mental health of the child is looked into by a child custody evaluator and examined thoroughly.

Division of Marital Property

When it comes to dividing assets, the courts of Tennessee must ensure that there is a perfect split of assets between the two partners. However, there could be instances where the adulterer used some marital property for their amorous adventures. In such a scenario, the other spouse has all the right to claim retribution for the emotional and mental harm which occurred as a result of this expenditure. The courts then have a duty to split the assets in a manner that covers the losses which the aggrieved spouse had to bear as a result of the affair.

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