Can I Get Divorced in Tennessee if I Got Married in a Different State?

Many people wonder if there is a rule regarding whether you can get divorced in Tennessee if you got married in a different state. Whether you and your spouse relocated or separated and one of you moved away, you may not end up filing for divorce in the same state that you got married in. During the divorce process, it is imperative that you understand all of your legal rights and options. Continue reading for more information and work with a knowledgeable Shelby County, Tennessee divorce lawyer for skilled representation.

Can I Get Divorced in TN if I Got Married in a Different State?

Yes, you can get divorced in Tennessee even if you got married in a different state originally. However, it is important that the state has jurisdiction over your case. Without proper jurisdiction, a TN court cannot make rulings regarding the relevant issues of your divorce. You must ensure that you meet the residency requirement before filing for divorce in Tennessee.

What is TN’s Residency Requirement?

Under Tennessee law, at least one spouse must satisfy the residency requirement before filing for divorce. You can file for divorce in Tennessee if one of the following is true.

You or your spouse has lived in Tennessee for at least 6 months directly prior to filing for divorce
The grounds for divorce occurred while you were a resident of Tennessee

If you or your spouse meets the above criteria, you have the right to file for divorce in Tennessee and have your case heard by a state court.

Why Would I Choose to Get Divorced in a Different State?

Many people who file for divorce do so in a state different from the one where they got married. The most common reason is simply convenience. Families often move around for new jobs, education opportunities, to be closer to family, etc. If you got married in one state but later moved to Tennessee, it is likely easier to file for divorce here. If you file in the state where you got married, you may have to travel back and forth or work with an out-of-state attorney, which can be a hassle.

Tennessee may also provide benefits like equitable distribution. If you got married in a community property state, where assets are split 50/50 regardless of the circumstances of the relationship, you may be attracted to the possibility of equitable distribution, which divides assets fairly, not equally.

Whatever the reason you choose to file for divorce in Tennessee, it is important that you are represented by skilled legal counsel. Work with an experienced attorney at Rice Law for more information and advice during your case.