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Domesticating a case

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blkhwx10

Junior Member
What is the name of your state (only U.S. law)? Tennessee

my divorce was in the state of tennessee. my ex started the action back up in September, 2008. She lives in michigan with my kids. I have several pending motions, mediations have been ordered, and now, she does not want to come down here all of the time so she is threatening to move it to michigan. I have heard that if the case is active and in the middle of litigation it cannot be moved. I really need to find something out about this from maybe someone with similar experiences. It cannot be moved because of all of the work that has been done here already.....
 


JETX

Senior Member
my divorce was in the state of tennessee. my ex started the action back up in September, 2008. She lives in michigan with my kids.
Several questions:
1) Your post says the divorce WAS in Tennessee (past tense). Does that mean the divorce case is over??
2) Your post says that she started the action. EXACTLY what 'action' are you talking about??
3) Your post says that 'it' was started in Tennessee, yet she lives in Michigan. Why didn't she file in her 'home' state (Michigan)??
4) At the time she filed (in Tennessee), how long had she lived in Michigan??
5) Was the filing done in YOUR county (in TN)??

Reason: Tennessee has the following residency requirement for divorce:
The spouse filing for the divorce must be a resident of the state at the time the grounds for divorce took place. If the grounds took place outside the state of Tennessee, one of the spouses must be a resident for 6 months prior to filing. The divorce shall be filed in the county in which both spouses reside if they are both residents; or the county in which the respondent resides if he or she is a resident; or the county in which the petitioner resides. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-104 and 36-4-105)
 

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