Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Tennessee, adultery is recognized as a ground for divorce. It is defined as voluntary sexual intercourse between a married person and someone other than their spouse. Tennessee is a fault-based divorce state, which means that the spouse seeking the divorce can allege a specific ground, such as adultery, as the reason for the dissolution of the marriage. If proven, adultery can impact the outcome of the divorce proceedings, particularly in matters of alimony and the division of marital assets. The court may consider the adultery when determining whether to award alimony and how much to award, as well as when dividing the marital estate. However, the division of assets must still be equitable, and adultery alone does not guarantee an unequal division in favor of the innocent spouse. It is important to note that the specifics of how adultery affects divorce proceedings can vary based on the circumstances of each case, and consulting with an attorney for personalized legal advice is recommended.