Military Divorce in Tennessee

Is a military divorce different?

For most uncontested divorces, no. When one or both spouses serve, the divorce follows the same Tennessee law as any other. “Military divorce” isn’t a legal term — it just describes a divorce where at least one spouse is in the armed forces.

A few things can be different, such as where you’re allowed to file, the rights a service member has during the case, and how military retirement is divided.

Where can we file?

To file in Tennessee, at least one spouse must have lived in Tennessee for the 6 months before filing. A service member who has been stationed in Tennessee for at least one year is treated as a Tennessee resident for divorce. A service member may also be able to file in their legal home state.

What rights does a service member have?

The Servicemembers Civil Relief Act (SCRA) — the law that replaced the old Soldiers’ and Sailors’ Civil Relief Act — lets a service member ask the court to pause the case when military duty keeps them from taking part.

In an agreed divorce this rarely comes up: both spouses sign the papers, so the case can move forward on its normal schedule.

Can we sign if one of us is deployed or overseas?

Yes. Everything is done online and by mail. Military legal assistance offices on most bases offer free notary services, so a service member can sign and have the papers notarized wherever they’re stationed, then mail them in.