Tennessee Family Law Questions & Answers

Adultery is defined as voluntary sexual intercourse between a married person and someone not the spouse of that married person.  In Tennessee, adultery can be proven by circumstantial evidence as well as by direct evidence.  There are several defenses to adultery.  The first is called recrimination and occurs when the spouse alleging adultery has also committed adultery.  The second defense is referred to as condonation.  The defense of condonation occurs when the innocent spouse, knowing of the adulterous conduct, takes the guilty spouse back and engages in intercourse.  The final defense is connivance.  This defense is based upon the knowledge and acquiescence by the innocent spouse in the adulterous spouses’ conduct. There are several things to keep in mind when it comes to adultery in divorce.  First, the adulterous conduct of a parent cannot form the basis of a denial of parenting time.  In other words, unless the conduct directly affects the children, it cannot be used by the court when fashioning a cus