Tennessee Code Annotated
Tenn. Code Ann. § 36-4-104 (2024)
Residence requirements
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
- (b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.
Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1997–2021 · leading case: Conley v. Conley, 181 S.W.3d 692 (Tenn. Ct. App. 2005).
Conley v. Conley, 181 S.W.3d 692 (Tenn. Ct. App. 2005). “On June 1, 2001, Wife filed a motion to dismiss, alleging that the trial court lacked jurisdiction pursuant to Tenn.Code Ann. § 36-4-104. Wife filed an affidavit supporting her motion, the essence of which was an argument that Husband neither resided in nor was he domiciled in…”
Elizabeth Anne Sykes v. Chad Steven Sykes, 647 S.W.3d 596 (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 36-4-104 (a). Here, it is clear from the record that neither Husband nor Wife resided in Tennessee for six months preceding the filing of Wife’s complaint for divorce.”
James Robert Wilken v. Mary Charlotte Wilken, No. W2012-00989-COA-R3-CV, 2012 WL 6727197 (Tenn. Ct. App. Dec. 27, 2012). “-4- Tenn. Code Ann. § 36-4-104 (a) (2010). Husband claims that his undisputed testimony at trial established that he had resided in Tennessee with Girlfriend for at least six months before he filed his complaint for divorce, and Wife acknowledged this fact in her counterclaim.”
Hem Raj Singh v. Neeta Singh, No. W2017-02091-COA-R3-CV (Tenn. Ct. App. July 3, 2019). “Tenn. Code Ann. § 36-4-104 (a). In Barnett, we explained: This statute [i.”
Roger Chase Hagans v. Rachel Wallock Hagans, No. M2017-00174-COA-R3-CV (Tenn. Ct. App. Apr. 5, 2018). “Tenn. Code Ann. § 36-4-104 (a); Williams v.”
Thomas John Pitera v. Samantha Pitera, No. E2020-00063-COA-R3-CV (Tenn. Ct. App. Nov. 6, 2020). “Tenn. Code Ann. § 36-4-104 (a) (emphasis added).”
Melissa Janelle Jones v. Charles Jason Jones, No. M2019-01859-COA-R3-CV (Tenn. Ct. App. Nov. 19, 2020). “” Tenn. Code Ann. § 36-4-104 (a) (2017). Only one party need reside in Tennessee for a Tennessee court to have subject matter jurisdiction over a divorce.”
Sarah E. Palmer v. Michael Howard Palmer, No. E2009-00882-COA-R3-CV (Tenn. Ct. App. May 7, 2010). “7, 1997) (citing Tenn. Code Ann. § 36-4-104 ). Husband claims that neither party resided in Tennessee for six months preceding the filing of the complaints, and that the grounds for divorce did not arise in this state.”
Barnett v. Barnett, No. 01A01-9605-CH-00228, 1998 WL 787043 (Tenn. Ct. App. Nov. 13, 1998). “”1 This statute makes Tennessee residency by the party seeking divorce a condition precedent to granting a divorce.”
Aziza Kljajic v. Mirzet Kljajic, No. M2002-01294-COA-R3-CV (Tenn. Ct. App. Aug. 15, 2003). “The Divorce The residence requirement for plaintiff in a divorce are set forth in T.C.A.§36-4-104(a).1 The wife meets the requirements to file for divorce.”
Aeyon Cho v. Dae-Young Jeong - Concurring, No. 03A01-9608-CV-00257, 1997 WL 306017 (Tenn. Ct. App. June 6, 1997). “Law and Analysis The parties agree that the jurisdictional language of T.C.A. § 36-4-104(a)4 -- “bona fide resident of this state” -- requires a showing that a given person is domiciled in this state.”
Christina Lea Womble v. Larry Glen Womble, II, No. M2011-00605-COA-R3-CV, 2012 WL 5993735 (Tenn. Ct. App. Nov. 30, 2012). “Womble) with inappropriate marital conduct and alleging, in the alternative, that irreconcilable differences exist between the parties entitling her to a divorce pursuant to Tennessee Code Annotated section 36-4-104(14). It is further alleged that no children have been born of…”
Tenn. Code Ann. § 36-4-104(14): 1 case
Christina Lea Womble v. Larry Glen Womble, II, No. M2011-00605-COA-R3-CV, 2012 WL 5993735 (Tenn. Ct. App. Nov. 30, 2012). “Womble) with inappropriate marital conduct and alleging, in the alternative, that irreconcilable differences exist between the parties entitling her to a divorce pursuant to Tennessee Code Annotated section 36-4-104(14). It is further alleged that no children have been born of…”
Tenn. Code Ann. § 36-4-104(a): 8 cases
Conley v. Conley, 181 S.W.3d 692 (Tenn. Ct. App. 2005). “On June 1, 2001, Wife filed a motion to dismiss, alleging that the trial court lacked jurisdiction pursuant to Tenn.Code Ann. § 36-4-104. Wife filed an affidavit supporting her motion, the essence of which was an argument that Husband neither resided in nor was he domiciled in…”
Elizabeth Anne Sykes v. Chad Steven Sykes, 647 S.W.3d 596 (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 36-4-104 (a). Here, it is clear from the record that neither Husband nor Wife resided in Tennessee for six months preceding the filing of Wife’s complaint for divorce.”
James Robert Wilken v. Mary Charlotte Wilken, No. W2012-00989-COA-R3-CV, 2012 WL 6727197 (Tenn. Ct. App. Dec. 27, 2012). “-4- Tenn. Code Ann. § 36-4-104 (a) (2010). Husband claims that his undisputed testimony at trial established that he had resided in Tennessee with Girlfriend for at least six months before he filed his complaint for divorce, and Wife acknowledged this fact in her counterclaim.”
Hem Raj Singh v. Neeta Singh, No. W2017-02091-COA-R3-CV (Tenn. Ct. App. July 3, 2019). “Tenn. Code Ann. § 36-4-104 (a). In Barnett, we explained: This statute [i.”
Thomas John Pitera v. Samantha Pitera, No. E2020-00063-COA-R3-CV (Tenn. Ct. App. Nov. 6, 2020). “Tenn. Code Ann. § 36-4-104 (a) (emphasis added).”
Tenn. Code Ann. § 36-4-104(d): 1 case
Zia Mousavi Kabiri v. Shirin Davari Kabiri, No. E2014-01980-COA-R3-CV (Tenn. Ct. App. Oct. 16, 2015).
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