Hamilton County Divorce Requirements

If you are planning to file for divorce, it helps to know the Hamilton County divorce requirements you need to meet before starting a case. Having a general understanding of what you need could help you prepare and avoid unforeseen complications.

However, divorce law can be complicated, and while you can start the process on your own, it helps to work with a seasoned divorce attorney who can guide you through the process. Our team could represent your interests and help you meet the requirements for your separation.

What are the Grounds for Divorce in Hamilton County?

To get a divorce in Hamilton County, parties must provide a legally acceptable reason, also known as grounds for divorce. State law provides two ways to do this: fault grounds and no-fault grounds.

A no-fault divorce places no blame on either party, but both parties must agree that the separation is no-fault. Notably, a no-fault divorce can simply be granted on the grounds of irreconcilable differences. The other option for a no-fault divorce is if the parties have been separated for two years and have no minor children.

However, if both parties do not agree on no-fault grounds, the law requires the petitioner to provide fault-based grounds for divorce. Under these circumstances, the petitioner must show that one of the parties significantly contributed to the failure of the marriage. Under state law, some of the grounds for a fault-based divorce include:

  • Impotence and sterility
  • Getting married while a previous marriage still subsists
  • Adultery
  • Malicious desertion for at least one year
  • Conviction for a crime that renders one infamous
  • A felony conviction
  • Attempted murder
  • Inappropriate marital conduct, including cruel and inhuman treatment

If an individual is entering into a no-fault divorce, it is crucial to consult a local lawyer as soon as possible to gather evidence and determine the best legal route to take during the separation.

Residency Requirements for Divorce in Hamilton County

Most states have a residency requirement before one can qualify to file for divorce, and Tennessee is no different. According to Tennessee Code Annotated 36-4-104, the spouse filing for divorce must be a resident of the state for at least six months before filing the complaint. If the grounds for divorce took place out of state, the petitioner, the respondent, or both must have been Tennessee residents for the six months preceding the filing.

If the above residency requirements are not met, but a party would still like to file for divorce, they can establish residency in the state for at least six months or have their spouse check if they meet the residency requirements. If that is not possible, the two can find a state where the petitioner or respondent meets the residency requirements. Once residency requirements are met, the parties can file in the corresponding county.

Talk to an Attorney about Hamilton County’s Divorce Requirements

The Hamilton County divorce requirements are quite straightforward. As long as you can prove that you are a resident and you and your spouse determine what type of separation to pursue, it is likely that the court could help you reach a favorable outcome.

If you are thinking of filing for divorce or have already started the process, contact a skilled attorney at the firm today for guidance throughout the process.

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