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Jurisdictional issues can be very complicated and, with attorney assistance, should be clearly established before attempting to file a divorce. Although filing in the wrong state will result in dismissal without penalty, it causes delay and wastes family resources. An important exception to the residency rule applies when a serious incident occurs in Tennessee, such as domestic violence. Even when neither spouse has lived in Tennessee for the requisite six-month residency period, the abused spouse who moved to Tennessee may file for divorce despite presence in the state being less than six months when the complaint is filed.

There is another important component of the residency rule. When a spouse is a service member, the residency statute provides specifically that being stationed in Tennessee creates a presumption of residency. Active duty service members stationed in Tennessee for at least one year are presumed to be residents for purposes of divorce.

That is not an absolute, though.

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This presumption may be overcome with clear and convincing evidence the service member is not a resident of the state. The question of residency jurisdiction further complicated when one spouse moved to Tennessee without the other. That is especially so when the divorce involves a minor child. The UCCJEA requires establishing home state jurisdiction over the child before the court has power to enter initial child custody orders.


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A parenting plan agreement between the spouses will not resolve the home state issue. Talk to your lawyer. An attorney who represents both spouses in a divorce might face such a conflict if a benefit to one spouse would be a detriment to the other. If one lawyer represents both spouses, the lawyer cannot advise either of them in negotiating for better settlement terms. Tennessee law allows divorce on either fault or no-fault grounds. The no-fault grounds for divorce are:.

A mutual-consent, no-fault divorce takes about two to six months. There is a mandatory 60 day "cooling -off" period after the complaint is filed, if there are no children. If the couple has children, it takes a minimum of 90 days. A contested divorce can last years, with the average case lasting a year or more. Finally, if the spouses agree to divide a pension, it might take an additional 60 to days after the divorce is granted to complete the division.

Annulments may be available if the marriage was illegal for example, incestuous or based on fraud or duress.

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An annulment can also be had if one party was under age. The rules and applications can be complex. The effect of annulment will not render the couple's children illegitimate. No alimony is available when a marriage is annulled. Property rights will be restored as if no marriage had taken place. In effect, a legal separation allows for the support and maintenance of a spouse without an actual divorce.

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The parties can sue for divorce later. Separation often doesn't make sense because it can be as expensive as a divorce.


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In addition, if the parties work out their differences after a divorce, the parties can always remarry. Mediators usually recommend that the parties review a settlement with independent counsel before signing. Mediation is most beneficial with custody and visitation issues, because the spouses will have to maintain an ongoing constructive relationship to successfully parent their children.

Mediation works best when the parties come to the table in good faith and fully disclose their assets and debts. The only limitation is that a person cannot change names to perpetrate a fraud.

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It's common for divorcing spouses to change from their married last name to the name they used when they were single. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.