Tennessee case abstract on material jurisdiction in divorce.

Thomas John Pitera v. Samantha Pitera

Divorce Tossed When Partner Lived in TN Much less Than Six Months

The husband and spouse on this Sullivan County, Tennessee, case had been married in Connecticut in 2007 and had one adopted youngster.  In 2018, the events agreed that the spouse would transfer to Tennessee and would have full custody.  She made the transfer in December of that yr.  In Might, she filed for divorce in Tennessee, and a duplicate of the go well with was served upon the husband in Connecticut.  The grievance acknowledged that each spouses had been residents of Tennessee for greater than six months previous to the grievance.  The husband, nevertheless, had by no means set foot within the state. 

The husband filed a movement to dismiss, however failed to seem on the listening to.  The trial court docket entered a remaining decree, and the husband appealed to the Tennessee Court docket of Appeals.  He alleged that the trial court docket lacked private jurisdiction.

The appeals court docket, nevertheless, decided that it should first contemplate the problem of whether or not the trial court docket had material jurisdiction, though the problem was not raised on enchantment.  It famous that below the related statute, the plaintiff or the defendant will need to have resided within the state for six months previous the submitting of the grievance.  From statements within the spouse’s appellate temporary, the appeals court docket held that this take a look at had not been met.

The spouse’s temporary acknowledged that she left Connecticut on December 12 and moved to Tennessee on December 18.  She filed the grievance on Might 21, which was lower than six months after transferring to the state.  For that reason, the appeals court docket concluded that the decrease court docket lacked material jurisdiction.

For that reason, the appeals court docket vacated the decrease court docket’s judgment and dismissed the case.

No. E2020-00063-COA-R3-CV (Tenn. Ct. App. Nov. 6,  2020).

See authentic opinion for precise language.  Authorized citations omitted.

To study extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.


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