How Long Do I Need to Be a Resident of Tennessee to File for Divorce Here?

You must meet the state’s residency requirements to file for divorce in Tennessee. The court that hears and decides your case must have jurisdiction over it, which means it must have the authority to make decisions on behalf of you and your spouse. Tennessee’s residency requirements help establish this jurisdiction in divorce cases. Many people are under the mistaken belief that they must file for divorce in the same state in which they are married, but that’s not how jurisdiction works. If you’re preparing to file for divorce, it’s time to consult with our experienced divorce lawyers.

To File for Divorce in Tennessee

To file for divorce in Tennessee, one of the spouses must have lived in the state for at least six months before filing. Barring this, the party filing for divorce must have been a Tennessee resident when the grounds for divorce occurred. While Tennessee grants divorces based on fault, the vast majority are no-fault - based on irreconcilable differences.

If both spouses live in the same Tennessee county and meet the state’s residency requirements, they must file in that county. If each spouse lives in a different county in the state, divorce can be filed in either.

If you don’t meet the residency requirements for divorce in Tennessee, your options include:

• Waiting until you’ve lived in the state long enough to qualify
• Having your spouse file – if they qualify and you don’t
• Filing in a state in which you meet the residency requirements 

Residency Exceptions

There is a primary exception to the residency requirements in Tennessee, and that is when domestic violence is involved. When an abused spouse moves to Tennessee, they can proceed with filing for divorce even if they don’t meet the residency requirements.

There is also some wiggle room when someone in the military is going through a divorce in Tennessee. When a service member is stationed in Tennessee for a year or more, they meet the residency requirements for divorce purposes– unless there is clear evidence that they’re not a state resident.

The Post-Filing Waiting Period

Once you file for divorce in Tennessee, a waiting period is imposed before your divorce can be finalized. If you and your divorcing spouse have no children under 18, you’ll need to wait at least 60 days before your case can be finalized. And if you do share children who are under the age of 18, you’ll have to wait at least 90 days.

An Experienced Tennessee Divorce Attorney Can Help

When you’re ready to file for divorce, our compassionate lawyers will help you navigate the challenging terrain. We are dedicated to ensuring you have your financial and parental rights intact. Learn more by contacting us online or calling 931-954-1066 today.