Legal Question in Family Law in Tennessee
Terms of legal residency
I moved to Tennessee in Jan 02 from AR. I have a 14 m/old daughter with me whose father left when she was age 6 wks. I am now 4 mo pregnant with a boy also by this same man.(I was attacked but did not press charges as a detective friend said it would be hard to make charges stick on someone I was married to.) He has since decided that he is going to file for Divorce in AR, file for custody of the born and unborn child , and then return to his home state of Iowa once custody is granted. We were married in Iowa in 1993 but have not lived there since 1996. He says his attorney says I have not been a legal resident of Tennessee long enough and I will have to return to Arkansas to answer to the custody hearing once it is scheduled. I do not have an attorney as I am unable to afford one.
1 Answer from Attorneys
Re: Terms of legal residency
My understanding is that Tennessee's 6 month residency requirement (for divorces) applies when the grounds arose outside the State of Tennessee. Therefore if the attack or any other act of inappropriate marital conduct took place here, then you should be able to file for divorce here. However it is less clear which state has jurisdiction over the child related issues as your 14 month old has not lived in either AR or TN for 6 consecutive months. Interstate child custody disputes are some of the most difficult cases handle. Talk to a local lawyer about the facts of your case to see if you can file in TN. It sounds like you really do need a lawyer to assist you in these procedings. If you cannot afford one, call the local bar association and see if there is any type of free or reduced priced legal services available to people in your financial situation. Talk to a lawyer about getting an order of protection for your safety and talk about the pros and cons of filing sooner rather than later.