Ill Conduct Defense

  1. Law
  2. Tennessee Code
  3. Domestic Relations
  4. Divorce and Annulment
  5. Ill Conduct Defense

Checkout our iOS App for a better way to browser and research.

  1. 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.
  2. 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.

Cross-References. Stipulated grounds for divorce, §36-4-129.

Law Reviews.

Dual Fault Divorce in Tennessee: The Thomasson Case and the New Statute, 19 Mem. St. U.L. Rev. 353 (1989).


Download our app to see the most-to-date content.