      
  304 reviews

Full-Service Law Firm

Filing For Divorce When A Spouse Moves Out Of State

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Aug 10, 2026

Read Time: 3 mins

When a marriage is ending, things can feel even more uncertain if one spouse moves out of state. It’s common to wonder whether you can still file for divorce in Tennessee or if your spouse’s new location changes where your case can be heard. The good news is that in many situations, you can still file right here in Tennessee, even if the other party now lives elsewhere.

How Tennessee Determines Jurisdiction

Tennessee law allows a divorce to be filed here if either of two conditions are met. First, if both spouses have lived in Tennessee for at least six months before filing, the state has jurisdiction over the divorce. It doesn’t matter that one person has since moved away; the six-month residency rule is enough for Tennessee to handle the case.

Second, jurisdiction can also be based on where the grounds for divorce occurred. If the reason for the divorce happened in Tennessee, the state can take the case even if you and your spouse lived here for less than six months. For example, if both of you moved to Tennessee just a month ago, but the other spouse committed adultery while in Tennessee, that is a sufficient basis for Tennessee to have jurisdiction.

Importance Of Filing First

Timing is important when it comes to jurisdiction. If you file in Tennessee before your spouse files in another state, and Tennessee has the legal grounds to hear the case, your divorce will move forward here. However, if your spouse files first in their new state, and that state has jurisdiction over both parties, that court will typically control the case. This is why acting quickly can sometimes be an important factor.

Why Filing In Tennessee Can Be Beneficial

Keeping the divorce in Tennessee often makes the process more straightforward for the spouse who remains here. It may be easier to attend court hearings, meet with your attorney, and manage the case when it’s handled in your own state. In addition, Tennessee law will govern the divorce, meaning you won’t have to learn a different state’s legal process or rules.

We help our clients evaluate the best course of action based on where both parties currently live, how long they have been in Tennessee, and where the grounds for divorce occurred. Each situation is unique, so it’s important to review the facts and file in a way that protects your interests.

Moving Forward With Your Divorce

At Patterson Bray PLLC, we work with clients across Tennessee, including those dealing with an out-of-state spouse. Our Memphis, TN divorce lawyer from our team can help you determine if Tennessee has jurisdiction and take steps to file promptly when it’s in your best interest.

If you are considering divorce and your spouse has moved away, we encourage you to contact us to discuss your options. The sooner you take action, the more control you may have over where your case is heard and how the process unfolds. Call us today to schedule a consultation and get the guidance you need to move forward.

Patterson Bray

20+ Years of Experience

24/7 Call Answering

Nashville & Memphis Offices

We're Here to Help

Reach out to Patterson Bray and an attorney will follow up with you soon.

Client Reviews

    
 
 
      Posted on Google  
   
   Hailey Wade 
 18 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
     Posted on Google  
   
   Deb Clark 
 23 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
     Posted on Google  
   
   Tanya White 
 23 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
     Posted on Google  
   
   Charmaine Sego 
 23 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
     Posted on Google  
   
   Phil Chamberlain 
 40 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
     Posted on Google  
   
   Catherine McGee 
 60 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
     Posted on Google  
   
   Marva Johnson 
 66 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
M.JOHNSON
  
 
     Posted on Google  
   
   Pam Nicole 
 67 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.
  
 
     Posted on Google  
   
   Steven Creasy 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Rachel was amazing and professional. Highly recommend. Thank you!
  
 
     Posted on Google  
   
   Lea Carr 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray has a fantastic team and is always quick to respond for any need that I have. They are also great to refer clients, family, and friends to.

View All

What Makes a Claim Actually Work

An accident alone does not automatically entitle an injured person to full compensation under Tennessee law, no matter how clearly at fault the other driver or party seemed at the...

Read This Blog

Who Gets to Sue When Negligence Kills

Losing a family member to another person's negligence brings a grief that no lawsuit can ever fix, but Tennessee law does provide a path toward accountability and financial recovery for...

Read This Blog

What Divorce With Kids Actually Requires

Divorce takes on an entirely different shape once minor children enter the picture, adding requirements that simply do not apply to a childless couple splitting up their assets. Understanding what...

Read This Blog

Filing For Divorce When A Spouse Moves Out Of State

How Tennessee Determines Jurisdiction

Importance Of Filing First

Why Filing In Tennessee Can Be Beneficial

Moving Forward With Your Divorce

Patterson Bray

Blog & News

What Makes a Claim Actually Work

Who Gets to Sue When Negligence Kills

What Divorce With Kids Actually Requires