Facts: Mother filed for divorce in 2003 but dismissed that action after the parties reconciled in 2005. In 2006, Mother was arrested for prostitution. Father filed for divorce. At trial, Father was named the primary residential parent for the parties’ three children.

Mother appealed and argued that the trial court improperly considered evidence of her inappropriate conduct prior to the parties’ reconciliation in 2005. The Court of Appeals held that while evidence of inappropriate marital conduct occurring prior to the parties’ reconciliation cannot be a basis for grounds for divorce, such conduct may be considered when determining the best interests of the children. Thus, the trial court was affirmed.

Burris v. Burris (Tenn. Ct. App. Apr. 7, 2010).

Information provided by K.O. Herston, Tennessee Divorce Lawyer.