Moving to a new state often comes with many changes and challenges, especially if you’re dealing with marital issues. If you’ve recently relocated to Tennessee and are considering a divorce, you might wonder if you can start the process right away.
To file for divorce, at least one of the spouses must have been a resident of the state for at least six months before filing. This rule applies regardless of where the grounds for divorce occurred. However, specific provisions may allow couples to initiate divorce proceedings under certain circumstances.
Grounds for divorce
Tennessee recognizes both fault-based and no-fault grounds for divorce. No-fault grounds include irreconcilable differences and living separately without cohabitation for at least two years when there are no minor children involved.
Fault-based grounds encompass adultery, abandonment, cruelty, and substance abuse, among others. The grounds on which you file can affect various aspects of the divorce settlement, including alimony, child custody, and the division of assets.
Exception to the residency rule
There is an exception to the six-month residency rule. If the grounds for divorce occurred while both you and your spouse were residents of Tennessee, you can file for divorce immediately upon returning to the state.
Legal process and considerations
When filing for divorce as non-state-residents, couples must navigate legal complexities, including jurisdictional issues and adherence to Tennessee’s divorce laws. Couples may find it helpful to consult with a qualified family law attorney who understands the state’s divorce statutes.
While moving to Tennessee and dealing with marital issues can be daunting, knowing the residency requirements and legal steps for filing a divorce can help you manage the process effectively.
