Tennessee Divorce & Family Law Information
Divorce and family law matters can feel confusing, emotional, and overwhelming. Understanding how Tennessee law works is an important first step toward protecting your rights, your finances, and your family. This site is dedicated to providing clear, accurate, and practical information about Tennessee divorce law so individuals and families can make informed decisions during difficult transitions.
Whether you are considering divorce, already involved in a case, or need answers after a final decree, our goal is to explain the legal process in a way that is easy to understand and grounded in Tennessee law.
Clear Guidance on Tennessee Divorce Law
Tennessee divorce law includes specific rules on residency, filing requirements, waiting periods, and court procedures. Small mistakes can cause delays or create long-term consequences. Our resources focus on explaining these rules step by step, helping you understand what to expect and how the process works from start to finish.
We cover both uncontested and contested divorces, no-fault and fault-based grounds, and what happens when spouses cannot agree on important issues.
Child Custody, Support, and Parenting Plans
When children are involved, divorce decisions carry lasting impact. Tennessee courts require parenting plans and base custody decisions on the best interests of the child. Understanding how custody, visitation, and child support are determined can help parents plan responsibly and reduce conflict.
Our content explains parenting plans, residential schedules, decision-making authority, child support guidelines, and when modifications may be possible after divorce.
Property Division and Financial Issues
Tennessee follows an equitable distribution system, which means marital property is divided fairly, not necessarily equally. Courts consider many factors, including income, contributions to the marriage, future earning capacity, and marital debt.
We explain how property and debt are classified, how retirement accounts and businesses are handled, and how alimony decisions are made under Tennessee law. Special attention is given to complex cases involving high net worth assets, military benefits, and long-term marriages.
Divorce Records and Court Procedures
Understanding court records, divorce decrees, and legal documentation is essential both during and after divorce. Our resources explain how Tennessee divorce records work, how to request copies, and the difference between divorce certificates and court decrees.
We also outline filing procedures, service of process requirements, waiting periods, and what happens at final hearings.
Educational Resource, Not Legal Advice
All information provided is for educational purposes only. Divorce laws are complex, and outcomes depend on individual facts, court discretion, and changes in the law. While this site helps you understand the process, it does not replace legal advice from a qualified Tennessee family law attorney.
Helping You Move Forward
Divorce marks a major life change, but knowledge can reduce uncertainty and stress. By understanding Tennessee divorce law, you are better prepared to ask the right questions, avoid common mistakes, and plan for your future.
Do I need my spouse’s agreement to get a divorce in Tennessee?
No, you do not need your spouse’s agreement to file for divorce in Tennessee. Tennessee allows one spouse to file for divorce even if the other does not agree or refuses to participate.
However, using irreconcilable differences (Tennessee’s no-fault option) requires both spouses to agree and sign a settlement agreement. If your spouse does not agree, you may still proceed using a fault-based ground or another permitted ground under Tennessee law.
How long does it take to finalize a divorce in Tennessee?
Tennessee has mandatory waiting periods before a divorce can be finalized:
If you do not have minor children, the minimum waiting period is 60 days from the date the divorce complaint is filed. If you have minor children, the minimum waiting period is 90 days from the filing date.
Uncontested divorces may be finalized shortly after the waiting period ends. Contested divorces involving disputes over custody, property, or support can take several months to over a year, depending on court schedules and case complexity.
Can I file for divorce in Tennessee if I just moved here?
You or your spouse must meet Tennessee’s residency requirements before filing:
At least one spouse must have lived in Tennessee for six months before filing for divorce, unless the grounds for divorce occurred while one spouse was a Tennessee resident.
Military members or their spouses stationed in Tennessee for at least one year are considered Tennessee residents. If residency requirements are not met, the court does not have jurisdiction, and you may need to wait before filing.
Tennessee Divorce Legal Process
Step 1: File the Complaint and Pay the Filing Fee
A divorce begins by filing a Complaint for Divorce with the Circuit Court or Chancery Court in the county where you live, your spouse lives, or where you last lived together.
Filing fees vary by county and typically range from $300 to $400, depending on whether children are involved. If you cannot afford the filing fee, you may request a fee waiver by submitting a Request to Postpone Filing Fees and Order.
Step 2: Serve Your Spouse
After filing, your spouse must be legally notified of the divorce through service of process. Service may be completed by:
- The county sheriff
- A private process server
- Certified mail in limited situations
- A signed waiver of service in uncontested cases
Proper service is required for the court to move forward. If service is not completed correctly, the case may be delayed or dismissed.
Step 3: Exchange Information and Resolve Issues
Both spouses must address all issues related to the divorce, including:
- Division of marital property and debt
- Child custody and parenting plans (if applicable)
- Child support
- Alimony or spousal support
Couples may resolve these matters through negotiation or mediation. If no agreement is reached, the judge will decide these issues at hearings or trial.
Step 4: Waiting Period and Final Hearing
Tennessee law requires the mandatory 60- or 90-day waiting period to pass before a divorce can be finalized.
Once all documents are complete and any agreements are submitted, the court will schedule a final hearing. In uncontested cases, only one spouse may need to attend. The judge reviews the paperwork and, if approved, signs the Final Decree of Divorce.
The divorce becomes final when the decree is entered by the court clerk. A 30-day appeal period follows, and remarriage is not permitted until that period expires.