§ 36-4-114. Proof Required
If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either […]
§ 36-4-115. Form of Proof
Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure. Code 1858, § 2462 (deriv. Acts 1835-1836, ch. 26, § 22); Shan., § 4215; mod. Code 1932, § 8440; T.C.A. (orig. ed.), § 36-814.
§ 36-4-104. Residence Requirements
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, […]
§ 36-4-105. Venue
The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant […]
§ 36-4-106. Complaint for Divorce or Legal Separation — Temporary Injunctions
The complaint for divorce shall set forth the grounds for the divorce in substantially the language of § 36-4-101 or § 36-4-102, and pray only for a divorce from the defendant, or for a divorce and such other and further relief to which the complainant may think to be entitled. In cases wherein an answer […]
§ 36-4-107. Verification of Petition — Effect of Noncompliance
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 […]
§ 36-4-108. Security for Costs — Service of Process
The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases. In actions for annulment of marriage, service on the defendant may be by subpoena or […]
§ 36-4-109. Time for Hearing
If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter. Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., § 4208; Code 1932, § 8433; […]
§ 36-4-110. Appearance and Answer
The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation. Code 1858, § 2457 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., § 4210; Code 1932, § 8435; T.C.A. (orig. ed.), § 36-810.
§ 36-4-111. Failure to Separate Not a Defense
It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.