RESIDENCY IN TN

Tennessee residency requirements for divorce

- The ground for divorce occurred while the plaintiff was a bona fide resident of Tennessee; or
- The ground for divorce occurred outside of Tennessee, but either the plaintiff or the defendant has resided in Tennessee for at least six months before filing the complaint.

Additionally, any person in the armed services of the United States, or their spouse, who has lived in Tennessee for at least one year is presumed to be a resident of the state, unless there is clear and convincing evidence of a domicile elsewhere.

In Shelby County, Tennessee, generally the requirement is 90 days of residency prior to filing.

Should you file for divorce in Tennessee? It depends on your circumstances and preferences of the parties. Some of the possible advantages are:

- Tennessee offers both fault and no-fault grounds for divorce, which may give more options and flexibility to the parties.
- Tennessee allows for irreconcilable differences as a no-fault ground, which may simplify the process and reduce the conflict between the parties.
- Tennessee has a relatively short waiting period of 60 days for divorces without minor children and 90 days for divorces with minor children.
- Tennessee does not require mediation for divorces with a marital dissolution agreement, which may save time and money for the parties.

Some factors that may work to your advantage or disadvantage are:

- Tennessee imposes mutual temporary injunctions upon filing for divorce, which may restrict the parties' actions regarding marital property, children, harassment, and relocation.
- Tennessee follows the doctrine of equitable distribution, which means that marital property is divided according to what is fair and just, not necessarily equally. This may result in unpredictable and unfavorable outcomes for some parties.
- Tennessee considers various factors when awarding alimony, such as the need and ability to pay, the duration of the marriage, the standard of living, and the fault of the parties. This may also lead to uncertain and unfavorable outcomes for some parties.

The following are some case citation links that provide examples and explanations of how Tennessee courts have applied the residence requirements and other aspects of divorce law:

- In re Estate of Glover v. Glover , 2019 WL 4674759 (Tenn. Ct. App. Sept. 25, 2019) - This case illustrates how a spouse's domicile can be established by clear and convincing evidence even if they reside outside of Tennessee.
- Smith v. Smith , 2019 WL 3543588 (Tenn. Ct. App. Aug. 5, 2019) - This case demonstrates how irreconcilable differences can be a sufficient ground for divorce even if there are allegations of fault by one party.
- Dycus v. Dycus , 2018 WL 1122367 (Tenn. Ct. App. Mar. 1, 2018) - This case shows how the waiting period can be waived by agreement of the parties or by order of the court for good cause.
- Long v. Long , 2017 WL 2829850 (Tenn. Ct. App. June 30, 2017) - This case explains how the mutual temporary injunctions can be modified or dissolved by agreement of the parties or by order of the court upon showing of good cause.
- Larsen-Ball v. Ball , 301 S.W.3d 228 (Tenn. 2010) - This case provides an overview of how equitable distribution is applied in Tennessee and what factors are considered by the courts.
- Gonsewski v. Gonsewski , 350 S.W.3d 99 (Tenn. 2011) - This case provides an overview of how alimony is awarded in Tennessee and what factors are considered by the courts.