A former Morgan County teacher accused of sexually abusing multiple underage students has finalized her divorce more than a year after her husband filed to end the marriage, according to court records obtained by TMZ.
Brittany Fortinberry, 33, and Nicholas Fortinberry completed the divorce Monday. The couple married in November 2020 and listed Feb. 21, 2025, as their date of separation. Nicholas Fortinberry filed the petition as a criminal investigation into his then-wife was beginning.
The settlement awards Brittany Fortinberry her clothing, shoes and makeup. Nicholas Fortinberry received a 2022 Chrysler Pacifica and a Toyota 4Runner. The couple sold their shared home and split the proceeds.
Nicholas Fortinberry was granted sole legal custody of the couple’s young child because Brittany Fortinberry is incarcerated. The agreement says she will regain legal custody after her release from jail if no other restrictions are imposed. He also received primary physical custody. Her physical custody time could increase gradually after she is released.
At the time he filed, Nicholas Fortinberry sought temporary custody of the child and temporary possession of the family home.
Brittany Fortinberry, who worked as a teacher and substitute in Morgan County schools including Eminence Community Schools and the Metropolitan School District of Martinsville, faces 47 charges. Those include multiple counts of child molestation and sexual misconduct with a minor, along with counts of dissemination of matter harmful to minors and contributing to the delinquency of a minor. Prosecutors say the alleged victims were students she encountered at two different schools, some as young as 13.
Court documents allege that in at least one incident she arranged a group sexual encounter involving teenage boys who wore masks associated with the “Scream” film franchise. That allegation has been widely reported in connection with the case. She has pleaded not guilty. The case remains pending, and she is being held in jail.
Her attorneys have previously notified the court of a possible mental illness or defect defense and requested psychological evaluations. If convicted on the most serious charges and sentences are run consecutively, she could face decades or more in prison.
Nicholas Fortinberry separately faced charges of intimidation and failure to report a crime in connection with the investigation. Those allegations remain part of the broader case record.
The schools involved have said they reported concerns to child services and law enforcement when they learned of them. Eminence Community Schools said Fortinberry was suspended and later resigned in August 2024 after the first reports of inappropriate conduct.
The divorce closes one chapter of the couple’s legal entanglement while the criminal proceedings against Brittany Fortinberry continue in Morgan County courts.
Photos of Brittany Fortinberry below.
