View Full Version : I married in TN and now live in NC. Can I divorce in TN?
myopinionmattersmore
Jun 18, 2010, 03:38 PM
I married in TN. Husband and I want mutual divorce with no contesting house or child custody. Neither of us want to wait one year according to the NC separation laws. Is it possible to divorce in TN?
ScottGem
Jun 18, 2010, 03:52 PM
Please pay more attention to posting guidelines. There is a Read First sticky in the Divorce forum (where this was moved from) that directs questions of a legal nature to this forum.
Most divorce laws require that residency be established before you can apply for divorce in that area. Since NC is your residence, you have to apply for divorce in NC or establish residence somewhere else.
GV70
Jun 18, 2010, 04:05 PM
North Carolina Requirements
The plaintiff or defendant in the suit for divorce must have resided in the State for a period of six months prior to filing. The divorce may be filed in the either county in which the parties reside. (North Carolina Statutes - Chapter 50 - Sections: 50-8)
Tennessee Requirements
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)
Fr_Chuck
Jun 18, 2010, 04:54 PM
Where is the husband living (? Are their kids ) but if the husband is still living in TN, he can file there. He he is also living in NC, he can not file in TN. You will have to be living there to file there.