Public Chapter 544


By Representative Chumney

Substituted for: Senate Bill No. 1921

By Senator Graves

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 4, relative to bills or petitions for divorce.


SECTION 1. Tennessee Code Annotated, Section 36-4-106, is amended by deleting subsection (b) in its entirety and substituting instead the following:

(b)(1) The complainant shall also allege the full name of the husband, the full maiden name of the wife, their mailing addresses, dates and places of their birth, race or color of each spouse, number of previous marriages of each spouse, date and place of the marriage of the parties, the number of their children who are minors at the time of the filing of the complaint, and any other litigation concerning the custody of such children in this or any other state in which either party has participated, as specified in 36-6-210. It shall be mandatory that every complaint filed under this chapter shall contain the foregoing, and the trial judges shall dismiss petitions and bills which do not contain the foregoing unless it can be shown to the satisfaction of the court that such information could not be obtained by the complainant or petitioner by exercising due diligence. In lieu of a mailing address, either party may designate an agent for the service of process throughout the proceedings and, except as provided in subpart (2) of this subsection, the name and address of such agent shall be the only address used for the designating party in all petitions, pleadings, motions and orders relating to such divorce action.

(2) If the complainant or the defendant shows to the satisfaction of the court in which the petition is filed that the residential address of the other party is relevant and necessary in order to prove the allegations contained in the complaint or to ascertain information necessary to determine value and/or ownership of property; or to ascertain other data necessary to evaluate and agree upon a property division or custody or defend against such allegations, the court may order either party to reveal such residential address to the other party.

(3) If the complainant elects to designate an agent for service of process in lieu of the mailing address as authorized by this subsection but does not designate a specific person, the complainant's attorney shall be deemed the complainant's agent for service of process.

SECTION 2. This act shall take effect July 1, 1997, the public welfare requiring it.