Defense When Ground Is Adultery

  1. Law
  2. Tennessee Code
  3. Domestic Relations
  4. Divorce and Annulment
  5. Defense When Ground Is Adultery

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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.

Law Reviews.

Domestic Relations — Defenses to Divorce Confined to Those Prescribed by Statute, 9 Mem. St. U.L. Rev. 346 (1979).


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