Residency Requirements:
The spouse seeking divorce must have been a resident of Tennessee when
the grounds for divorce arose. If the grounds for divorce arose outside
of Tennessee and the petitioner resides outside of Tennessee, either
spouse must have been a resident of the state for 6 months prior to
filing. [Tennessee Code Annotated; Volume 6A, Title 36, Sections
36-4-104 and 36-4-105].
Legal Separation:
Absent residency requirements, the grounds for legal separation are
the same as grounds for divorce. If the legal separation has been in
effect for 2 years and the spouses have not reconciled, either spouse
may request that the separation be converted to an absolute divorce.
[Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-102 and
36-4-119].
General Divorce Procedure:
If the divorce is based on irreconcilable differences, the spouses
may enter into notarized marital settlement agreement. The agreement
must: 1) make specific reference to a pending divorce by the name of
the court and the docket number; 2) state that the respondent is aware
that a divorce will be filed for in the state of Tennessee; 3) state
that the defendant waives service of process and waives filing an
answer. The waiver of service will be valid for 180 days after the
respondent signs the agreement and will constitute a general appearance
by the respondent and give the court personal jurisdiction over the
respondent and will constitute a default judgment. The petition for
divorce must have been on file for over 60 days before a hearing
will be held if the spouses have no minor children and 90 days if they
have any minor children. The spouses must make adequate and sufficient
provisions in their marital settlement agreement for the care and
custody of any minor children and for an adequate settlement of their
property. The spouses may also make provisions in their settlement for
alimony. A final decree may be entered without any corroborating proof
or testimony by the petitioner or defendant. If the respondent denies
or contests that there are irreconcilable differences, a divorce may
not be granted on those grounds, unless there is a valid marital
settlement agreement. Some counties may require the respondent to
sign an appearance and waiver form before the court clerk for it to
be valid. In addition, in any petition for divorce, the wife’s maiden
name must be stated and the race or color of each spouse must be stated.
Financial affidavits may also be required. [Tennessee Code Annotated;
Volume 6A, Title 36, Sections 36-4-103 and 35-4-116 and Tennessee Rules
of Court].
Title of Divorce action:
Petition for Divorce.
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Grounds for Tennessee Divorce:
No-fault:
No-fault grounds for divorce in Tennessee include:
1) irreconcilable differences if the souses
submit a properly signed marital dissolution agreement, or they do not
deny the grounds, or this ground for divorce is combined with other
grounds;
2) they have been living separate and apart
without cohabitation for two years and there are no minor children.
[Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-101
and 36-4-103]
Fault-based:
Fault-based grounds include:
1) Impotence;
2)Adultery;
3) Conviction of a felony and imprisonment;
4) Alcoholism or/and drug addiction;
5) Wife is pregnant by another during the
marriage without husband’s knowledge;
6) Willful desertion for 1 year;
7) Bigamy;
8) Endangering the life of the spouse;
9) Commission and/or conviction of an
infamous crime;
10) Refusing to move to Tennessee with the
spouse and willfully absenting from oneself from a new residence for
2 years;
11) Cruel and inhuman treatment;
12) Spouse has made life intolerable;
13) Abandonment and kicking the spouse out
of the home and refusal to provide spousal support;
14) Living separate
from each other for 2 or more years.
[Tennessee Code Annotated; Volume 6A, Title 36, Section 36-4-101].
Where to file for divorce:
In the county where both spouses resided at time of separation,
or county where the respondent resides if he or she is a resident
of Tennessee, or the county of petitioner if the respondent is not
a resident of the state. [Tennessee Code Annotated; Volume 6A,
Title 36, Sections 36-4-104 and 36-4-105].
Mediation or Counseling:
The court may delay the proceedings upon request by either spouse
to allow an attempt at reconciliation. In addition, in those cases,
which involve child custody considerations, the court may order either
or both parents to an educational seminar concerning the effects of
divorce on children. [Tennessee Code Annotated; Volume 6A, Title 36,
Sections 36-4-126, 36-4-130, and 36-6-101].
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