Tennessee Order of Publication
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FAQ
After your spouse has been served with the divorce papers, your spouse has 30 days to file an ?answer? with the court. If your spouse does not file an answer within 30 days, you can ask the judge for a ?default judgment?. This means that the judge will give you the divorce.
RULE 27. A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court of Tennessee may file a verified petition in any court of record in the county of the residence of any expected adverse party.
If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.
The first is filing a form in court called a complaint for divorce, usually with the help of a lawyer. You do not need your spouse's signature or permission to file this form in court.
?Willful or malicious desertion or absence of either party, without a reasonable cause, for one whole year.? This means that if your spouse has been away or deserted you for one year or longer without cause, you have grounds for this type of fault-based divorce.
Generally, you can only ask to serve by publication You publish the court papers in a newspaper of general circulation in the area where the person you have to serve is likely to be. Call the court in that area to find out if they have a list of newspapers you can use. You will have to pay to publish the court papers.
The person serving the summons shall promptly make proof of service to the court and shall identify the person served and shall describe the manner of service. If a summons is not served within thirty (30) days after its issuance, it shall be returned with the reasons for the failure to serve stated thereon.
