Can I File for Divorce in Tennessee?

The state of Tennessee has unique divorce residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your county court for Tennessee. The Tennessee residency requirements are as follows:

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)

If you DO NOT meet at least one of the above Tennessee residency requirements, you have the following options:

• Establish residency in Tennessee for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Tennessee residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

In order to file for divorce in Tennessee, the filing spouse must be a resident of the state for at least 6 months prior to filing for the divorce. To prove residency, the divorce paperwork will have a statement that you, as the filing spouse, live in the state for more than 6 months. You would show your Tennessee driver’s license with current address or other state identification issued or a third party can sign an affidavit stating you are a current resident and have been a resident of the state for more than 6 months prior to filing for the divorce.