Making the decision to get a divorce is never an easy one, but sometimes it is necessary in order to move forward in life. However, when a couple was married out of state, there can be additional questions and concerns that arise. This is often a particularly relevant issue for couples in Tennessee, as the state is home to many individuals who have relocated from other areas of the country. So, if you were married out of state, is it still possible to get a divorce in Tennessee? The answer is yes, but there are important factors to consider.
The Importance of Jurisdiction Requirements
First and foremost, it is crucial to understand that obtaining a divorce in Tennessee requires meeting certain jurisdictional requirements. In simple terms, there are specific conditions that must be fulfilled in order for a Tennessee court to possess the legal authority to grant a divorce. These requirements typically consist of the following:
- Residency: At least one spouse must have been a resident of Tennessee for a minimum of six months prior to filing for divorce.
- Grounds: There must be legally valid grounds for divorce, such as irreconcilable differences, adultery, or desertion.
- Separate and Apart: The couple must have lived separately and apart for a period of at least two years (or one year if there are no minor children) before initiating divorce proceedings.
The Significance of Full Faith and Credit
An additional critical aspect to consider when pursuing a divorce in Tennessee is the concept of full faith and credit. This principle entails that states are obliged to respect and enforce court orders and judgments originating from other states. In other words, if you were married in another state and have since relocated to Tennessee, the courts in Tennessee are required to acknowledge the validity of your marriage and duly consider your divorce proceedings.
Out-of-State Laws
It is important to bear in mind that the laws and regulations related to divorce can differ from state to state. Therefore, the process of obtaining a divorce in Tennessee may differ from the process followed in another state. Consequently, seeking the counsel of an experienced divorce attorney who is well-versed in the laws of both the state in which you were married and the state you currently reside in is crucial.
The Matter of Common Law Marriage
In certain cases, couples who were married out of state may have entered into a common law marriage. While Tennessee does not recognize common law marriages that were established within the state, it does acknowledge those that were legally established in other states. However, proving the existence of a common law marriage can be challenging, as it requires providing evidence of both a present intent to be married and a public declaration of that intention. By turning to an experienced divorce attorney, you can navigate these complex legal matters with the utmost guidance and expertise.
Conclusion
To recapitulate, if you were married out of state and currently reside in Tennessee, it is entirely possible to obtain a divorce in the state. However, it is essential to fulfill the jurisdictional requirements, understand the concept of full faith and credit, and be aware of any variances in the divorce process between states. Additionally, seeking the assistance of an experienced divorce attorney is of paramount importance, as they can proficiently navigate the intricacies of these legal matters and ensure the protection of your rights and interests throughout the divorce proceedings.