Tennessee Divorce Residency Requirements
If you are considering divorce, you must be able to prove that you have met the Tennessee divorce residency requirements to move forward with your case. While these requirements may seem straightforward, they can be complicated if you are a military spouse or recently relocated. Here is what you need to know about these residency requirements.
What Are the Tennessee Divorce Residency Requirements?
Under Tennessee Code § 36-4-104, you or your spouse must have lived in Tennessee before petitioning for divorce. Before a court can hear a case, it must be established that it has jurisdiction over the parties and the case matter. This jurisdiction does not generally apply if at least one of the spouses has not resided in the state for at least six months. These requirements prevent parties from initiating legal action in a Tennessee court when another venue is more appropriate.
Are There Exceptions to the Tennessee Divorce Residency Requirements?
There is an exception for victims of domestic violence. These individuals can file for divorce in Tennessee if they recently moved here, even if they have not lived here for six months and their spouse does not meet the residency requirement.
Military Spouses
Special rules apply to cases involving members of the military and their spouses. Under Tennessee law, any person in the armed services of the United States or their person who has lived in Tennessee for at least one year is presumed to be a resident of the state. However, clear and convincing evidence of residency in another state can overcome this presumption.
Minor Children
A federal law, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), applies in cases involving minor children when their parents live in different states. Under this law, the home state of a minor must be established before a court can consider issues involving child custody.
What If I Don’t Meet the Tennessee Divorce Residency Requirements?
If you do not meet the necessary residency requirements, you have several options, including:
- Waiting until you have lived in Tennessee for at least six months so you meet the requirements
- Waiting for your spouse to file for divorce if they meet the residency requirements
- Filing for divorce in the state where you previously lived if you meet the residency requirements there
Proving Divorce Residency Requirements
There are a few different ways to prove that you meet the residency requirements, including signing a document attesting to this information and providing a state-issued driver’s license or identification card evidencing your Tennessee residence. You could also provide a written affidavit from a third party who is familiar with your circumstances and knows you have resided in the state for at least six months.
An experienced Nashville divorce lawyer from Burdine Law Firm, PLLC can guide you through meeting these requirements and explain your legal options. Call us today for a confidential consultation to discuss your family law matter.