Am I Eligible to File for Divorce in Tennessee?

You may have exchanged vows with your spouse at a venue in Tennessee. Or, you may have spent the majority of your married life living here. Or, you may have packed up and moved here once you and your spouse sadly agreed to separate. In any event, you may have some curiosity as to whether you can initiate your inevitable divorce proceedings with this state’s family court. If so, please read on to discover whether you are eligible to file for divorce in the state of Tennessee and how one of the seasoned Clarksville divorce lawyers at Fendley and Birch can work to ensure you go about this process legally and appropriately.

Why is Tennessee an appealing state to get a divorce in?

You may be primarily interested in handling your divorce in Tennessee if a community property state is your alternative. That is, in a community property state, the assets and debts you and your spouse acquired during the marriage are considered to be owned equally. Therefore, they may be divided in an equal 50/50 split in the wake of your divorce.

With this, you may run the risk of having your spouse acquire an asset you primarily appreciated, used, and maintained, such as your family home or vehicle. At the same time, you may spend years post-divorce being held liable for your spouse’s personal loans.

Of note, the community property states in the United States are Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Ideally, Tennessee operates under an equitable distribution system. This means that your assets and debts will not be distributed equally, but rather, as the family court deems to be fair and just.

Am I eligible to file for divorce with the Tennessee family court?

It may be one thing to desire executing your divorce in Tennessee, but it is another thing to ensure that the state family court has jurisdiction over your pending case. Well, every state has its own set of residency requirements for divorce, and Tennessee’s reads as follows:

• At least one spouse must have lived in the state for at least six months immediately preceding the filing of the divorce complaint.
• At least one spouse must have been a bona fide resident of the state when the claimed grounds for divorce took place.
• At least one spouse must have been in the armed services and stationed in the state for at least one year.
• At least one spouse must have the intention of making the state their permanent home post-divorce.
• The couple must have undergone a 60-day or 90-day waiting period if they do not have children or have children, respectively.

We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Fendley and Birch has successfully gone through this countless times before. So please, retain the services of one of the competent Clarksville family lawyers today.