How to Protect Yourself When Your Spouse Acts Unfairly During the Divorce Process
Divorce often brings out behavior that spouses never expected from each other. In Tennessee, it is not unusual for one party to drain a joint bank account, run up new debt, cancel insurance, or use harassment to gain leverage. These moves may feel like power plays, but Tennessee courts have seen them all before—and the law has remedies.
The protections built into Tennessee divorce law are designed to stabilize finances and protect children while the case is pending. Judges also have discretion to tailor temporary orders that address specific misconduct. And outside of court, you can take steps on your own to protect credit, preserve records, and keep children out of the conflict.
This article explains how unfair tactics show up in Tennessee divorces, what the law says about them, and what practical steps you can take right away.
Why unfair tactics arise during Tennessee divorces
Stress and fear of loss drive much of the misconduct in divorce cases. A spouse may rush to withdraw money, fearing it will be awarded to the other. Some retaliate by maxing out joint credit cards. Others undermine parenting by speaking poorly about the other parent in front of children.
Judges in Hamilton County and throughout Tennessee see these behaviors often. They also know that they can create long-term financial harm or hurt children’s stability. For that reason, Tennessee law includes automatic protections that take effect once divorce papers are served.
The automatic injunction in Tennessee divorces
When a divorce is filed, Tenn. Code Ann. § 36-4-106(d) puts in place a standing injunction that applies as soon as the respondent is served or waives service. This order prohibits both spouses from:
- Hiding, transferring, or dissipating marital property without consent or a court order.
- Canceling or altering insurance policies covering either spouse or the children.
- Harassing, threatening, or disparaging the other spouse, especially in front of children or an employer.
- Destroying or altering electronic evidence.
- Moving children out of Tennessee or more than 50 miles from the marital home without consent or a court order (unless safety concerns justify a temporary move with expedited court review).
This injunction continues until the divorce is finalized, dismissed, or the court modifies it. If a spouse violates the injunction, the judge may hold them in contempt and order repayment or additional restraints. In some circumstances, attorney’s fees may also be awarded.
Protecting assets in divorce in Tennessee
Timing matters. The injunction under § 36-4-106(d) does not take effect until the respondent is served. Filing and arranging for immediate service narrows the window in which assets can be moved.
Smart steps you can take on your own include:
- Redirecting paychecks into an individual account (with documentation).
- Continuing to pay normal bills (mortgage, rent, utilities, insurance) to show responsibility.
- Avoiding impulsive withdrawals from retirement accounts.
If money continues to disappear after the injunction is in place, the court can tailor orders such as freezing accounts, requiring regular accountings, or imposing spending limits.
Spouse running up debt during divorce
It is common for one spouse to spend recklessly once a divorce is filed. Tennessee’s equitable distribution law, Tenn. Code Ann. § 36-4-121, gives judges authority to assign that reckless debt to the spouse who created it.
When deciding how to divide marital debt, judges consider:
- Who incurred the debt.
- The purpose of the spending.
- Whether the debt benefited the marriage or only one spouse.
- Each spouse’s ability to pay.
Spouse hiding money or wasting marital property
Tennessee courts take “marital waste” seriously. Under Tenn. Code Ann. § 36-4-121(c)(5), dissipation of assets is a factor judges consider when dividing marital property.
Documenting unfair behavior in divorce
Suspicion alone will not persuade a judge. Tennessee law requires spouses to maintain expenditure records during divorce under Tenn. Code Ann. § 36-4-106(d).
Best practices:
- Save bank and credit card statements, pay stubs, and tax returns.
- Preserve emails, texts, and app records with timestamps.
- Maintain a log of unusual transactions or incidents.
Discovery in Tennessee divorce
Discovery is the tool that turns suspicion into proof. Under the Tennessee Rules of Civil Procedure:
- Rule 33: Interrogatories answered under oath (30 days; 45 if served with the complaint).
- Rule 34: Requests for production—records must be produced in usable form.
- Rule 45: Subpoenas—third parties must comply unless they object within 21 days.
Freezing credit during divorce
Even with the injunction, spouses sometimes open new accounts fraudulently. Tennessee residents can place a free credit freeze with the three credit bureaus. The Tennessee Department of Commerce & Insurance provides instructions.
Orders of protection when conduct crosses into abuse
Sometimes misconduct spills into abuse. Tennessee law allows petitions under Tenn. Code Ann. § 36-3-605. Hearings occur within 15 days. If proven, an order can last one year and be renewed. Violations are punishable under § 36-3-610.
Mistakes to avoid
- Emptying accounts or canceling insurance yourself—this violates the injunction.
- Ignoring discovery—deadlines are strict and sanctions possible.
- Trusting verbal agreements—only written, court-approved orders are enforceable.
FAQ
What protections apply if my spouse becomes abusive during divorce?
You can seek an order of protection under Tenn. Code Ann. § 36-3-605. If granted, it can restrict contact, remove a spouse from the home, or protect children.
Can I stop my spouse from emptying our joint bank account?
Yes—after service, the injunction under § 36-4-106(d) prohibits transfers or hiding funds.
How do I protect my credit during divorce?
Check reports regularly. Federal law now allows weekly free reports from AnnualCreditReport.com. You may also place a fraud alert or freeze.
What role do child custody and spousal support play?
Courts prioritize the child’s best interests in custody disputes. Alimony is governed by Tenn. Code Ann. § 36-5-121.
What are the grounds for divorce if my spouse treats me cruelly?
Cruel and inhuman treatment is a statutory ground under Tenn. Code Ann. § 36-4-101(11).
Does Tennessee law require a waiting period?
Yes. Under Tenn. Code Ann. § 36-4-103(c), the wait is 60 days (no minor kids) or 90 days (with minors).
Can I get free financial protection resources?
Yes. Request free weekly credit reports from AnnualCreditReport.com and consider a credit freeze through the Tennessee Department of Commerce & Insurance.