When it comes to seeking a divorce, there are certain legal prerequisites that need to be met before the divorce can be heard in court. These prerequisites revolve around grounds for divorce, residency requirements, and subject matter jurisdictions. For example, if your spouse lives in another state during the divorce, this may affect where you can have the divorce taken to trial. The legalities of jurisdiction requirements during a divorce can be quite complex. Be sure to seek assistance from a Tennessee family law lawyer if you find yourself lost in the technical requirements.
Subject Matter Jurisdiction for Divorce
for divorce is fancy terminology for determining which state has the right to hold a court trial over issues concerning your divorce. All kinds of things can affect this jurisdiction. Your spouse could move back to their hometown in a different state than Tennessee. The event that led to the divorce, like adultery, may
have happened in a different state. Both spouses may not have a residence in Tennessee, but need to file a divorce case in Tennessee for whatever reason.
These various factors can make figuring out where to file the divorce case difficult to determine. Consulting with an experienced attorney in Tennessee can help you navigate through your unique legal situation to determine whether your divorce case can be conducted in the state of Tennessee.
To hear your divorce case, the family court must obtain personal jurisdiction over your divorce. This entails that Tennessee must have enough contact with you to have the power to make legal decisions about the divorce. A lack of contact with Tennessee means the Tennessee family court would not have legal power over your divorce. At this point, you would need to figure out which state does have this power.
When it comes to what state each spouse lives in, it is not a requirement for both spouses to live in Tennessee to seek a divorce. As long as one spouse lives in Tennessee, the divorce can be sought in Tennessee. If the act that led to the divorce, like adultery, occurs in Tennessee, this also grants Tennessee court jurisdiction.
Tennessee Divorce Residence Requirements
for circumstances when the spouse filing a complaint does not live in Tennessee and the act that led to divorce happened in a different state. However, a divorce action cannot be filed with the Tennessee family court unless these conditions are met and the person filing the complaint has lived in Tennessee for at least six months.
The only exception is for people in the United States armed services. A spouse in the armed services or a spouse who is married to someone in the armed services can be considered a Tennessee resident if they have lived in Tennessee for a year.
