Where do I file for a divorce?

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Where do I file for a divorce?

I was a resident of AR when I was married and at the time of separation. However, I was stationed in CA during the time. Now that I’m separated from the military and reside in TN. However, I have only lived here for 2 months. Where or in what state do I file my divorce?

Asked on October 27, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  If you are establishing your residency in the state of Tennessee I would wait the required time there before filing for divorce.  In the long run  - and dealing with court appearances, etc.,  - it will be easier for you than having to travel to another state to prosecute the divorce.  Plus there are the issues of attorneys and appearances and conferences - better face to face than on the phone.  Now, it is true that the state of Tennessee's statute on residency requirements is a bit different from others, but basically you need to be a resident for 6 months prior to filing. Here is the statute:

The spouse filing for the divorce must be a resident of the state at the time the grounds for divorce took place. If the grounds took place outside the state of Tennessee, one of the spouses must be a resident for 6 months prior to filing. The divorce shall be filed in the county in which both spouses reside if they are both residents; or the county in which the respondent resides if he or she is a resident; or the county in which the petitioner resides. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-104 and 36-4-105).

Good luck and thank you for your service to ur country.


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