# Tenn. Code Ann. § 36-4-104: Residence requirements

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-104

## Section

- **Citation:** Tenn. Code Ann. § 36-4-104
- **Heading:** Residence requirements
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 36 / Chapter 4 / Section 36-4-104

## Text

(a) 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, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint. (b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere. Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.
(a) 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, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
(b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.
Code 1858, § 2450 (deriv. Acts 1799, ch. 19, § 7; 1835-1836, ch. 26, § 1; 1839-1840, ch. 54, § 1; 1845-1846, ch. 67, § 1); Shan., §4203; Code 1932, § 8428; Acts 1957, ch. 274, § 1; 1971, ch. 363, § 1; 1973, ch. 219, § 1; 1976, ch. 548, § 1; T.C.A. (orig. ed.), § 36-803.

## Nearby sections

- [Tenn. Code Ann. § 36-4-101 Grounds for divorce from bonds of matrimony](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-101.md)
- [Tenn. Code Ann. § 36-4-102 Legal separation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-102.md)
- [Tenn. Code Ann. § 36-4-103 Irreconcilable differences - Procedure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-103.md)
- [Tenn. Code Ann. § 36-4-104 Residence requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-104.md)
- [Tenn. Code Ann. § 36-4-105 Venue](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-105.md)
- [Tenn. Code Ann. § 36-4-106 Complaint for divorce or legal separation - Temporary injunctions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-106.md)
- [Tenn. Code Ann. § 36-4-107 Verification of petition - Effect of noncompliance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-107.md)
- [Tenn. Code Ann. § 36-4-108 Security for costs - Service of process](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-108.md)
- [Tenn. Code Ann. § 36-4-109 Time for hearing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-109.md)
- [Tenn. Code Ann. § 36-4-110 Appearance and answer](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-110.md)
- [Tenn. Code Ann. § 36-4-111 Failure to separate not a defense](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-111.md)
- [Tenn. Code Ann. § 36-4-112 Defense when ground is adultery](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-112.md)
- [Tenn. Code Ann. § 36-4-113 Issues - Trial by jury - New trial](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-113.md)
- [Tenn. Code Ann. § 36-4-114 Proof required](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-104. Check the current official text before relying on it. Not legal advice.