Where do I file for divorce?
01/05/2007 - Divorce - State: TN #171
Woman is a US Citizen and resident of Tennessee. Man A and Woman were married in England and live in England for 2 years. Man A is a citizen of England. The parties seperate and Woman moves to Tennessee and wants a divorce. Where may the divorce be obtained?
In Tennessee, the grounds for divorce must have occurred in Tennessee, or at least one of the spouses must have been a resident of Tennessee for 6 months before filing for divorce. The divorce is filed in the county in which both spouses lived at the time of their separation, the county in which the defendant lives if he or she is a resident of Tennessee, or the county in which the plaintiff lives if the defendant is a non-resident of Tennessee. Thus, Woman B may file for divorce in the County in which she resides if residing in Tennessee for 6 months. Tennessee recognizes no-fault or Irreconcilable differences as a ground for divorce so if the parties agree, a divorce may be obtained on that basis and Man A can submit to the jurisdiction of the court to allow for the divorce
If a no-fault cannot be used, a ground for divorce can be used and the Court can grant a divorce. However, if division of property, child support, child custody or other issues are to be decided, the case could become very complicated the the Court may not have powers over Man A for those purposes unless he consents.
England courts could also have power to grant the divorce. A lawyer should be consulted.
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01/05/2007 - Category: Divorce - State: TN #171
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