Knoxville, TN asked in Divorce for Tennessee

Q: How long must spouse be resident of state before able to file for divorce with children involved?

My son came home from work one day and his wife had taken their two girls and left for her daddy in Mississippi,8th time in 4 years.He finally got in touch with her and she promised to let the kids come back for the summer. She now says she has a legal aide lawyer in MS and if he doesn't sign the papers coming he can't have the kids. He doesn't make enough to get an lawyer.He is worried about the kids because of the wife's past with drug addition and drinking.He had to call almost everyday to get us to go get her out of bed to take her daughter to school. Kids would get sick, a battle to get them to the doctor, then get their meds given right. Question is can she file for a divorce in MS after only being there 1 month and get all the free help when she is the one that left their home with the children without any warning. Thank you.

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1 Lawyer Answer
Kimberly K. Schreiber
Kimberly K. Schreiber
Answered
  • Memphis, TN
  • Licensed in Tennessee

A: In Tennessee, you must reside here 6 months to file. I am not licensed in Mississippi, so I don't know their rules. You may want to post your question on the forum for that state. However, you may be able to file here or contest jurisdiction in Mississippi.

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