DIVORCE IN TENNESSEE - PART 1


15 Jun

Generally speaking, you have to reside in Tennessee for at least six months before you can file for divorce in the local courts. (Tenn. Code Ann. § 36-4-104 (a).) If you or your spouse are in the military and stationed in Tennessee (but you have a permanent residence in a different state), the court will permit you to file for divorce in Tennessee if you've lived in the state for at least one year before filing. (Tenn. Code Ann. § 36-4-104 (b).)

Most states have residency requirements, which mean you must have established a permanent home in the state before you can file for divorce. Residency requirements prevent spouses from "forum" or "judge" shopping by moving to new states that may have more favorable divorce procedures for the spouse. For example, Michigan divorce law requires that the filing spouse reside in the state for at least 6 months and the county for at least 10 days before filing for divorce. (Mich. Comp. Laws § 552.9 (1).)You must be a resident of Tennessee for six months to file for divorce here. You may file in the county where you or your spouse live, so if your spouse still resides in Tennessee, you can file in the county where your spouse lives, even if you no longer live in the state. (Tenn. Code Ann. § 36-4-105 (a).)If you're unsure of where you should file for divorce, you should contact a family law attorney before submitting any paperwork.

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