When couples decide to divorce, it can be a difficult and stressful time. The process of divorce is already complex, but it becomes further complicated when one or both spouses need to relocate. If you’re going through a divorce in Tennessee and you’re considering relocating, it’s important to understand the potential impact this can have on your case.
Understanding Tennessee’s Residency Requirements
Before making any moves, it’s crucial to be aware of Tennessee’s residency requirements for filing a divorce. For the divorce to be accepted, at least one of the spouses must have been a resident of Tennessee for a minimum of six months prior to filing. If you are a recent resident and have not met this requirement, it is necessary to wait until you have resided in Tennessee for the required six months before initiating the divorce process.
Relocating During a Tennessee Divorce
Relocating during a divorce in Tennessee introduces several additional factors that should be taken into consideration. Here are some important aspects to keep in mind:
Jurisdictional Issues
If your divorce case has already been filed within a Tennessee court but you have moved out of the state, it is crucial to carefully consider jurisdictional issues. This implies that Tennessee may no longer have jurisdiction over your case due to your change in residency status. If this situation arises, it is advisable to work closely with an attorney to help determine the appropriate jurisdiction for your divorce case.
Child Custody
Relocating out of Tennessee while having children can significantly impact your child custody arrangement. The matter of child custody is inherently sensitive, and it is crucial to seek guidance from an experienced family law attorney to ensure that your rights as a parent are effectively protected. When making custody decisions, the court primarily focuses on the best interests of the child. If the relocation is considered to disrupt the child’s life and significant relationships with family members or friends, the court may not grant approval for the move.
Property Division
A move during a divorce can also have implications on property division. If you own property in Tennessee and you are relocating out of the state, it is essential to collaborate with your attorney in order to safeguard your rights to that property. Additionally, comprehending the differences between Tennessee’s laws on property division and those of your new state of residence is crucial for effective decision-making.
Working With an Attorney
To navigate the legal process smoothly during a relocation within a Tennessee divorce, it is highly recommended to work with an experienced attorney. Their expertise will prove invaluable as they guide you through the various legal issues that may arise due to your relocation. By seeking professional legal assistance, you can ensure that your rights as a parent or property owner are adequately protected.
Conclusion
During a Tennessee divorce, if you find yourself in need of relocation, it is of utmost importance to thoroughly evaluate the legal issues that may arise from such a move. By collaborating with a skilled attorney, you can rest assured that your rights and interests will be safeguarded throughout the process. Whether you are moving out of Tennessee or simply relocating within the state, understanding the impact of your move on your divorce case is crucial for a favorable outcome.