# Tenn. Code Ann. § 36-4-107: Verification of petition - Effect of noncompliance

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C4_S36-4-107

## Section

- **Citation:** Tenn. Code Ann. § 36-4-107
- **Heading:** Verification of petition - Effect of noncompliance
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 36 / Chapter 4 / Section 36-4-107

## Text

(a) 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 the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 - 58-1-607 may be exercised beyond the continental limits of the United States. (b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal. (c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect. Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.
(a) 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 the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 - 58-1-607 may be exercised beyond the continental limits of the United States.
(b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
(c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
Code 1858, § 2453 (deriv. Acts 1835-1836, ch. 26, § 4); Shan., §4206; mod. Code 1932, § 8431; Acts 1953, ch. 174, § 1; modified; impl. am. Acts 1957, ch. 320, § 2; 1977, ch. 107, § 3; T.C.A. (orig. ed.), § 36-806; Acts 1996, ch. 655, § 1; 1996, ch. 872, § 1.

## 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_S36-4-107. Check the current official text before relying on it. Not legal advice.