§ 36-4-116. Affidavits of Proof Not Required — Sworn Statements Concerning Financial Matters Required — Sworn Statements as Evidence
No judge or chancellor shall require the filing of affidavits of proof from witnesses, plaintiffs, defendants, or petitioners and respondents in support of any complaint for divorce, legal separation, separate maintenance or annulment. Any such judge or chancellor may, however, require a sworn statement from such persons relative or pertaining to the income of the […]
§ 36-4-117. Proof When Ground Is Spouse’s Refusal to Remove to This State
If the divorce is sought by the complainant spouse on the ground of the defendant spouse’s refusal to remove with the complainant spouse to this state, and of the defendant spouse’s willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the […]
§ 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.