Residence Requirements

  1. Law
  2. Tennessee Code
  3. Domestic Relations
  4. Divorce and Annulment
  5. Residence Requirements

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  1. A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
  2. For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.

Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., § 4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 514, 518.

Law Reviews.

Divorces in Tennessee (Harold C. Warner), 14 Tenn. L. Rev. 588 (1936).

Six Months or Six Days: When Can You File For Divorce in Tennessee?, 50 Tenn. B.J. 24 (2014).


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