What Are the Waiting Periods for a Tennessee Divorce?

We cannot deny that your divorce proceedings will likely be one of your most challenging experiences. With this, we understand why you might want to be done with them as rapidly as possible. However, there are certain legal procedures in place that you must abide by and that may subsequently prolong or delay your case. With that being considered, please read on to discover the minimum waiting periods for a Tennessee divorce and how one of the seasoned Tennessee divorce lawyers at Fendley and Birch can work to ensure you fulfill these requirements before moving forward.

What are the minimum waiting periods for a Tennessee divorce?

The state of Tennessee implements a waiting period, otherwise commonly referred to as a “cooling off” period, before you may go on to file your initial divorce complaint. Specifically, you may be required to wait 60 days, or 90 days if you have minor children involved.

Of note, this requirement applies even if you and your spouse are in complete agreement with undergoing a divorce and you choose to cite no-fault grounds. This is because the Tennesse family court hopes you and your spouse might be able to “cool off” after your heated, emotional conversation about getting a divorce and possibly consider reconciliation before they take the time and effort to work on your divorce case.

How do I meet the minimum residency requirement in Tennessee?

In addition to waiting period requirements, there is also a minimum residency requirement when pursuing a divorce case in the state of Tennessee. That is, you or your spouse must have been a Tennessee resident at least six months immediately prior to your initial divorce filing. What’s more, if you are the petitioning spouse, you must have been considered a resident when the fault-based grounds for divorce occurred.

With that being said, there are only a couple of exceptions to this minimum residency requirement. For one, you may argue that your cited fault-based grounds indicate an emergency that drove you toward moving out of state. Specifically, you may claim that you were made the victim of domestic violence, your minor children were made the victims of extreme cruelty, or otherwise. Secondly, you may prove that your or your spouse’s service in the United States armed forces (i.e., Air Force, Army, Coast Guard, Marines, Navy, etc) has granted such Tennessee residency.

Otherwise, you may have to wait until you and/or your spouse live within the state’s borders for six months. This may be on top of having to wait up to 90 days or three months to “cool off.” At most, this may delay your initial divorce filing by up to nine months in total. This is why we recommend, in emergencies, that you plan to move to a different county rather than a different state entirely. And, that you do so shortly after you have an initial conversation of divorce with your spouse.

If you are ready to serve your spouse with a divorce petition, please first retain the services of one of the seasoned Clarksville family lawyers. Our team at Fendley and Birch is ready and able to take on your case.