Tennessee Code Annotated

Tenn. Code Ann. § 36-4-107 (2026)

Verification of petition - Effect of noncompliance

✓ current as of May 2026

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(a) The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 - 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 - 58-1-607 may be exercised beyond the continental limits of the United States.

(b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.

(c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.

Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.

Notes of Decisions

Cited in 10 cases, 1988–2005 · leading case: Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000).

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Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). · cites it 2× “T.C.A. § 36-4-107. A jury trial may be demanded.”

Nave v. Nave, 173 S.W.3d 766 (Tenn. Ct. App. 2005). · cites it 5× “Wife’s argument on this issue is premised upon the fact that § 36-4-107 is contained within chapter 4 of title 36, which chapter is entitled “Divorce and Annulment.”

Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). · cites it 2× “T.C.A. § 36-4-107. A jury trial may be demanded.”

Vickie Dianne Tuttle v. Robert Edward Tuttle (Tenn. Ct. App. 1995). · cites it 9× “Tuttle had retained counsel, her complaint was not verified as required by Tenn. Code Ann. § 36-4-107 (a) (1996) as it then read.”

Tuttle v. Tuttle (Tenn. Ct. App. 1997). · cites it 8× “Tuttle had retained counsel, her complaint was not verified as required by Tenn. Code Ann. § 36-4-107 (a) (1996) as it then read.”

Tuttle v. Tuttle (Tenn. Ct. App. 1998). · cites it 4× “Tuttle’s counsel’s failure to comply with Tenn. Code Ann. § 36-4-107 (a) is of no consequence.”

Michael S. Sanders v. Diane H. Sanders (Tenn. Ct. App. 2003). · cites it 2× “This argument is based on the requirement in Tenn. Code Ann. § 36-4-107 (a) that a complaint for divorce shall be verified by an affidavit upon oath or affirmation that the facts stated in the complaint are true to the best of the complainant’s knowledge and belief for the…”

Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). · cites it 2× “T.C.A. § 36-4-107. A jury trial may be demanded.”

Nancy Olivieri v. Paul Oliveri (Tenn. Ct. App. 1997). · cites it 2× “Subject Matter Jurisdiction Husband contends that the trial court never had subject matter jurisdiction due to failure of W ife to file a sworn com plaint for divorce, in violation of T.C.A. § 36-4-107. While Wife admits that she did not sign the original petition for divorce,…”

Joseph Tyree Glanton v. Brenda Richardson Glanton (Cherry) (Tenn. Ct. App. 1996). · cites it 2× “” Tenn. Code Ann. § 36-4-107 requires spouses to verify their petitions for divorce by affidavit, unless they claim irreconcilable differences as the grounds for the suit.”

— Tenn. Code Ann. § 36-4-107(a) — 2 cases

Nave v. Nave, 173 S.W.3d 766 (Tenn. Ct. App. 2005). “Wife’s argument on this issue is premised upon the fact that § 36-4-107 is contained within chapter 4 of title 36, which chapter is entitled “Divorce and Annulment.”

Vickie Dianne Tuttle v. Robert Edward Tuttle (Tenn. Ct. App. 1995). “Tuttle had retained counsel, her complaint was not verified as required by Tenn. Code Ann. § 36-4-107 (a) (1996) as it then read.”

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