You can file for a divorce in Tennessee if the ground for divorce happened while you were a resident of Tennessee, or the ground for divorce happened while you were not a resident of Tennessee, but you or your spouse has now lived in Tennessee for at least six months before the complaint for divorce is filed.
Either you or your spouse must have lived in Tennessee for at least six months just before you file the divorce papers, or the spouse who files for divorce lived in the state when the events that constituted the grounds for divorce happened.
A person stationed in Tennessee for at least one year as a member of the armed services or as the spouse of a member of the armed services is considered to be a Tennessee resident.
Grounds for Divorce
Grounds are legally acceptable reasons for divorce. Tennessee allows both no-fault and fault-based divorces. The easiest option is irreconcilable differences, which means you and your spouse can't get along and there's no hope of reconciliation.
However, Tennessee law prohibits judges from granting an irreconcilable differences divorce unless you and your spouse have signed a divorce settlement agreement that fairly and adequately includes provisions for property division, alimony if applicable, and if you have minor children, child support and custody of the kids.
Types of Divorce in Tennessee
Tennessee offers different divorce options depending on your situation and whether you've reached an agreement with your spouse.
Uncontested Divorce
In an uncontested divorce, the spouses have already agreed about all the issues in their divorce, including property division, child custody, child support, and alimony by the time they start the divorce process. Because of that, the entire divorce process is faster and less expensive.
When you and your spouse have agreed on all the issues in your divorce, you can file the required paperwork for an uncontested divorce in Tennessee based on irreconcilable differences. There are no court battles, and couples can often navigate the legal process without hiring lawyers.
Agreed Divorce (Simplified Option)
Tennessee also offers a simplified type of uncontested divorce called an agreed divorce, but you may only qualify if:
- You and your spouse don't own real estate or a business
- Neither of you has retirement benefits
- You don't have minor children
- Both spouses agree on all parts of the divorce
You can find the court-approved forms for an agreed divorce on the Tennessee Courts website. These forms are approved as universally acceptable and legally sufficient, meaning that as long as they are filled out completely and not changed, court clerks will accept them.
Contested Divorce
If you haven't managed to resolve all of the issues by the time you file for divorce, you'll at least start with a contested divorce, even if you eventually settle before going to trial. Tennessee doesn't have statewide standardized forms for contested divorces, so you'll need to check with the court clerk to find out if a form is available or contact an attorney for assistance.
Where and How to File
Filing your divorce papers in the correct location with proper forms is essential to starting the process.
Where to File
You'll need to file divorce paperwork with the clerk of the court in the Tennessee county where:
- You and your spouse last lived together as a couple
- Your spouse lives, or
- You live, if your spouse lives out of state
Filing Fees
You'll have to pay a court fee to file your divorce papers. Filing fees in Tennessee vary from county to county. They might also vary depending on whether you have children.
For instance, the filing fees in Shelby County are $381.50 for a divorce with minor children and $306.50 for a divorce with no minor children. Contact the court clerk to find out the fees where you plan to file.
If you can't afford to pay the fees now, you can file a Request to Postpone Filing Fees and Order. If the court grants your request, you won't have to pay any court costs during your divorce.
Required Documents
Different types of divorce require different forms and documents.
Documents for Agreed/Uncontested Divorce
For an agreed or uncontested divorce, you'll typically need:
- Divorce complaint or petition
- Marital Dissolution Agreement (covering property, debts, alimony)
- Parenting Plan (if you have minor children)
- Child Support Worksheet (if you have minor children)
- Affidavit swearing everything is true
The TN Supreme Court has approved forms for people to use in divorces. These forms were created by the Access to Justice Commission and are available on the Tennessee Courts website.
Documents for Contested Divorce
The main form you'll file will be the divorce complaint. Among other things, the complaint should include:
- Certain details about you, your spouse, and any children you have
- A description of the facts behind the grounds for your divorce
- The relief you're requesting from the court (such as orders concerning your property rights, alimony, child custody, and child support)
You'll need to include a notarized affidavit swearing that everything in the complaint is true to the best of your knowledge.
Serving Divorce Papers
After filing, you must officially notify your spouse about the divorce.
Service Requirements
Once you file the paperwork, you'll need to give your spouse notice of the divorce, called serving your spouse. If you and your spouse are filing for an uncontested divorce, the easiest way to meet this requirement is to have your spouse clearly waive the right to service as well as the need to file a response in the marital dissolution agreement.
Service Methods
Otherwise, you can hire a process server or sheriff to hand the divorce papers to your spouse in person. In some cases, you can serve your spouse by delivering the original summons and a copy certified by the court clerk, along with a fee of $20, to the Secretary of State, who will then send the copy to your spouse by registered or certified mail.
Waiting Periods
Tennessee requires a mandatory waiting period before your divorce can be finalized.
How Long You Must Wait
Whether you've filed for an agreed, uncontested, or contested divorce, a judge won't hear your case until a certain period of time has passed since you filed the divorce papers. The amount of time depends on whether you have children:
- 90 days if you have any unmarried children under the age of 18
- 60 days if you don't have minor kids
This is referred to as a cooling-off period. The waiting period gives you time to reconsider the divorce.
Child-Related Issues
When you have minor children, additional requirements apply to your divorce.
Parenting Plan Requirement
The Parenting Plan form is required when parents are getting divorced and have minor children. A Permanent Parenting Plan will make child-related decisions. The Permanent Parenting Plan will designate a parenting schedule and make other provisions for any minor children.
The Tennessee Administrative Office of the Courts has the parenting plan forms in various languages along with answers to frequently asked questions, links to other resources, and other forms.
Child Support
Following a determination of who will be the primary residential parent, child support must either be agreed upon or set by the court. Support is determined by considering the incomes of both parents, parenting time with each parent, and referring to the Child Support Guidelines worksheets.
Adjustments and credits are made depending on the circumstances of the case. You'll need to complete a Child Support Worksheet as part of your divorce filing.
Settlement vs. Trial
Most divorces settle without going to trial, which saves time and money.
Negotiated Settlement
The next phase of the divorce, often the final phase, is the negotiated settlement. Most lawyers and judges agree that a settlement will almost always be more favorable than the outcome of a contested trial.
Settlement is better because there are more opportunities for compromise and thoroughness via settlement than in a court's ruling. Divorcing spouses who settle can usually keep the terms and process private.
Mediation
If you and your spouse are having trouble agreeing about all of the issues, you might consider mediation. Mediation is an informal settlement process in which the parties meet with a neutral third party who has been trained in mediation.
Statistics show that over 60 percent of cases that are mediated either settle during the mediation process or before trial. In almost all circumstances, mediation will save the parties a significant amount of attorney's fees if the case settles.
Going to Trial
If settlement negotiations and mediation fail, the case will head towards trial. At trial, the judge will decide who will be granted a divorce and on what grounds, who will be granted primary residential parent status, how the marital assets and debts will be divided, whether support will be awarded, how much will be awarded in child support, whether attorney's fees will be awarded, and against whom court costs will be assessed.
Getting Your Final Divorce Decree
Once all issues are resolved, the court will issue your final divorce decree.
Final Hearing
If a settlement is reached, only one spouse will go to court for the final hearing. The judge will review your agreement to make sure it's fair and meets legal requirements before signing the divorce decree.
What the Divorce Decree Includes
The final divorce decree is the court order that officially ends your marriage. It includes all the terms you've agreed to or that the judge decided, covering property division, debt allocation, child custody and support, and alimony if applicable.
After the Divorce
In most divorces, there's a significant amount of work to be done after a final decree of divorce is signed by the judge. Examples include preparing and filing deeds transferring property ownership, obtaining refinancing for real property, changing designated beneficiaries on life insurance policies and retirement benefits, and transferring title on automobiles.
You cannot remarry until after the divorce has been final for 30 days. After the final hearing, there is a 30-day appeal period.
Do You Need a Lawyer?
While you can file for divorce without an attorney, legal help is often recommended.
When You Can Do It Yourself
If you and your spouse have reached an agreement on all issues, you have no minor children or simple custody arrangements, and you have limited property and debts, you may be able to handle an uncontested or agreed divorce on your own using court-approved forms.
If you've reached an agreement either on your own or with a mediator's help, you may be able to file for divorce online. Reputable online divorce services will provide the proper forms and basically walk you through the process.
When You Need Legal Help
You do not have to hire an attorney. However, it is strongly recommended you do. If you are filing for divorce in Tennessee with children, your divorce will forever change your parenting time. A divorce will have a huge impact on your financial planning.
If your divorce will be contested or you have complicated finances, you will probably need to speak with a lawyer. You will need the help of a professional to fully understand all your rights and obligations.
Common Questions About Filing
Here are answers to frequently asked questions about the divorce process.
How long does a divorce take in Tennessee?
The minimum time is 60 days without minor children or 90 days with minor children. If uncontested and everything is agreed, it might finish shortly after the waiting period. Contested divorces can take months or even years.
How much does divorce cost?
Filing fees range from about $300 to $400, depending on the county and whether you have children. Attorney fees vary widely. An agreed divorce is the cheapest option. It is difficult to estimate the cost of a divorce in Tennessee, as it depends on how complicated your case is.
Can I get an agreed divorce if we have children?
No. The simplified divorce is only for couples without minor children who don't own real estate or a business. But you can still get an uncontested divorce if you've reached an agreement on everything.
What if my spouse won't sign the papers?
If your spouse refuses to participate, you can still proceed with the divorce. After properly serving them and waiting the required time, you can ask the court for a default judgment.
Do both spouses have to agree to the divorce?
No. Tennessee allows one spouse to file for divorce even if the other doesn't agree. However, using irreconcilable differences as the ground requires both spouses to agree and sign a settlement agreement.
Tennessee provides clear pathways, whether you've reached an agreement with your spouse or need court intervention to resolve disputes. From meeting basic residency requirements through obtaining a final divorce decree, the divorce process in Tennessee follows established steps, including filing proper forms, serving papers, waiting mandatory periods, and addressing child support and parenting plan requirements when minor children are involved.