Jurisdiction & Venue: where to file
It may seem like a simple issue when discussing where to file your divorce case, but potential clients call my office every day believing they need to file a divorce in Tennessee when in fact they need to file somewhere else. Tennessee borders eight states, so there is a lot of people crossing the border back and forth. Jurisdiction is the state in which you file, and venue is the county or court in which you file.
File Where You Live
This is the simple rule. You file divorce where you live right now. In order to qualify for Tennessee jurisdiction, divorce clients must have resided in Tennessee for at least six months prior to the filing of the Complaint. This could be either party or where the parties last resided together in the same household. If both spouses live in Tennessee and have for more than six months, then there isn’t a question about where to file.
When You Separate, Don’t Cross State Lines
The easiest way to keep jurisdiction simple is to not cross into another state when you move. The problem is that people are often in dire financial straits when separating and run back to their family which may be across the border in another state. Keep in mind jurisdiction may move if you live somewhere else for more than six months, so it’s a good idea to go ahead and file as soon as you separate if you need to move to a different state.
Where You Got Married Doesn’t Matter at All
It is common for people to look for a Tennessee divorce lawyer because they got married in Tennessee but now live elsewhere. Where you get married has nothing to do with where you file for divorce. Nothing at all. People get married in Las Vegas, at Disneyworld, on Caribbean islands, and so on. It doesn’t matter where you get married so long as your marriage is legally valid in the jurisdiction in which you got married.
Children Matter a Lot
If you have minor children then where your children have resided for the past six months matters a great deal. There is a federal law adopted by Tennessee called the UCCJEA, which determines jurisdiction for interstate child custody disputes. The original jurisdiction for any case determining child custody, including divorces, shall be where the children have lived for the past six months. Once that court establishes jurisdiction, then it stays with that court so long as any party remains living in that jurisdiction. For example, if a couple separates while living in Memphis and the mom moves with the children to Desoto County, MS and waits a year to file for divorce, she will now have to file in Mississippi.
Venue is Waivable, Jurisdiction is Not
If you hire me to file your divorce and you do not have minor children, then you may wonder why I am filing your case in Covington, TN. The answer is that venue, that is in which county and court to file, is waivable. That means so long as there is proper Tennessee jurisdiction over the parties in any county you can file in any county so long as both parties consent to do so. In uncontested cases, I file them in Tipton County because they have a low filing fee and the Chancery Court does not require a hearing to approve the divorce, so it saves me time and money to do it that way. It is not advisable, and many courts will not accept, waived venue for cases with children because it is likely those cases will be reopened to modify child support and parenting plans, so future litigation is more likely.
If you have moved around a lot and still have questions, then you can always set a consultation for a lawyer to determine the correct jurisdiction to file your case.
