Verification of Petition — Effect of Noncompliance

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  2. Tennessee Code
  3. Domestic Relations
  4. Divorce and Annulment
  5. Verification of Petition — Effect of Noncompliance

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  1. The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 — 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 — 58-1-607 may be exercised beyond the continental limits of the United States.
  2. If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
  3. A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.

Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., § 4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.

Compiler's Notes. Acts 1996, ch. 655, § 3 provided that the provisions of that act, which added (b) and (c), are to be liberally construed to effectuate its purposes.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 237, 518.

Law Reviews.

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


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