2021 Tennessee Code
Title 36 - Domestic Relations
Chapter 4 - Divorce and Annulment
§ 36-4-112. Defense When Ground Is Adultery

Universal Citation: TN Code § 36-4-112 (2021)

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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