If you want to file for divorce in Tennessee you must first understand the legal requirements and criteria expected of you. For more information and skilled representation read on and consult with a Shelby County, Tennessee divorce lawyer today.
What Are the Legal Requirements for Divorce in TN?
There are two legal requirements that must be met before you can legally file for divorce in Tennessee.
- Residency requirement
- Have legally valid grounds for divorce
If you and your spouse meet both of these criteria you can begin the process of terminating your marriage.
What is the Residency Requirement in Tennessee?
Depending on the grounds for divorce the residency requirement will vary. However, regardless of external factors, you can file for divorce in Tennessee as long as you or your spouse have lived in the state for at least 6 months immediately prior to filing.
You may be able to file for divorce in Tennessee regardless of how long you have resided there given that the reason for your divorce occurred in the state. For example, if you want to end your marriage because your spouse was incarcerated in Tennessee, you can file for divorce regardless of your residency in the state.
What Are Valid Divorce Grounds?
Grounds for divorce are simply any legally accepted reason to terminate a marriage. Valid divorce grounds vary from state to state and can be categorized as either fault-based or no-fault.
Tennessee state law allows a judge to grant a divorce based on many fault-based grounds including the following.
- Your spouse committed adultery
- Your spouse was impotent at the time of the marriage
- Your spouse deserted you for at least 1 year
- Your spouse was married to someone else at the time of the marriage
- Your spouse was convicted of an infamous crime
- Your spouse was convicted of a felony and was incarcerated
- Your spouse attempted to poison or kill you
- Your spouse refused to move to Tennessee with you without a reasonable explanation
- Your spouse hid that they were pregnant with another person’s child at the time of the marriage
- Your spouse developed a substance addiction after the marriage
- Your spouse treats you poorly to the point that living with them is impossible
- Your spouse engages in cruel and inhuman treatment toward you
While Tennessee does allow no-fault divorces based on irreconcilable differences, courts will only grant the divorce if both spouses agree on all terms of the divorce including alimony, property division, child custody, and child support. Another valid ground for divorce is separation if you and your spouse have lived separately for two years and do not share any minor children.
There are many rules and regulations surrounding the divorce process in Tennessee. If you want to file for divorce it is crucial that you understand the criteria and steps you must take. Reach out to an experienced attorney today for skilled representation and legal advice.
