How To File for Divorce in Tennessee

Getting a divorce in Tennessee can be complicated, especially if you have children. It's also more challenging if you and your spouse have valuable assets like a house or retirement benefits. Even if you are on good terms with your soon-to-be ex-spouse, you may argue over things like alimony, child custody, and property division.

This article will walk you through the legal requirements for divorce in Tennessee. It will also describe how to file for divorce in Tennessee. Finally, it will discuss the costs of divorce and whether you need a Tennessee divorce lawyer to file your case.

Tennessee's No-Fault Divorce Options

Tennessee is unique in that it is not purely a no-fault divorce state. The Tennessee courts may consider marital fault when deciding major divorce issues.

Tennessee offers two no-fault grounds for divorce:

• Irreconcilable differences
• Two years of separation with no minor children

The irreconcilable differences grounds for divorce require that the spouses agree there are irremediable marital problems justifying divorce. No further proof is necessary as long as you and your spouse agree. You must also certify in your pleadings that there is no hope for reconciliation.

The two years of separation with no minor children grounds require that the spouses have lived separately (without sexual relations) for at least two years. This option is only available if you have no minor children.

Tennessee's Fault-Based Divorce Options

You must prove fault if you and your spouse disagree on whether divorce is the best option. For example, you may want a divorce, but your spouse or partner believes the marriage is worth saving.

The fault-based grounds for divorce in Tennessee are:

• Impotence and sterility
• Bigamy
• Adultery
• Willful or malicious desertion for a year without a reasonable cause
• Conviction of a crime that results in infamy, such as attempted murder
• Felony conviction
• Refusal of a spouse to move to Tennessee, resulting in a two-year separation
• The wife is pregnant by a man other than her husband at the time of marriage without the husband's knowledge
• Habitual drunkenness or abuse of narcotic drugs
• Cruel and inhuman treatment or conduct (inappropriate marital conduct)
• General indignities
• Abandonment or refusal/neglecting to provide for a spouse

It can be challenging to get a divorce in Tennessee if the other spouse does not want the divorce. The good news is that this rarely happens. Usually, if one spouse wants a divorce, the other spouse agrees. Few people want to stay in a marriage with someone who doesn't want to be in a relationship.

Under Tennessee divorce law, the spouse seeking the divorce must submit evidence to the circuit court proving fault. This may include eyewitness testimony, audio or video recordings, or financial documents.

Legal Requirements for a Tennessee Divorce 

Every state has specific legal requirements you must meet to qualify for divorce. Tennessee is no different.

Some of the legal requirements for a divorce in Tennessee include:

• You must base your divorce on proper fault or the no-fault-based grounds described above
• At least one spouse must have lived in Tennessee for at least six months before filing. This is due to Tennessee's residency rule.

If you meet these requirements, you can file your petition for divorce.

One other technical rule in a Tennessee divorce is the mandatory waiting period. The family law judge cannot issue your final divorce decree for at least 60 days after you file your petition with the court clerk. The waiting period is 90 days if you have minor children.

Do You Have to Separate Before Filing for Divorce in Tennessee?

The Tennessee courts do not require separating from your spouse before filing for divorce. This is only a rule if you base your divorce on the grounds of a two-year separation.

If you file for legal separation, you can use your separation agreement as a blueprint for your divorce settlement agreement. This may speed up the divorce process. It will also help keep your divorce amicable.

How To File for Divorce in Tennessee

The steps you will take when filing for divorce in Tennessee depend on whether you are filing a contested or uncontested divorce case.

In an agreed divorce (uncontested divorce), spouses agree on everything from the beginning. You do not have to prove fault or go to trial. You and your spouse complete and file all divorce forms simultaneously.

For example, you would complete and file the Divorce Complaint, Marital Dissolution Agreement, and Agreed Permanent Parenting Plan (if you have children under 18) at the same time.

In a contested divorce, the parties disagree on the significant divorce terms. Some of these include:

• Alimony/spousal support
• Child custody of minor children
• Child support
• Marital property vs. separate property
• Division of property

A contested divorce can take much longer than an agreed divorce. You may have to attend mediation. Your Tennessee divorce lawyer may spend months negotiating a settlement agreement throughout the divorce proceedings. If they cannot do this, your case will go to trial.

Steps for a Contested Divorce in Tennessee

The following are the steps you must take if you file a contested divorce in Tennessee. The divorce process for a contested divorce case can be complex.

Complete the Divorce Complaint

The first step in filing for divorce in Tennessee is completing the Complaint for Divorce form. This starts the divorce process and lets the court know what you ask it to do. Specifically, your complaint will ask the court to dissolve the marriage, divide the marital property, and determine child custody/child support.

When completing the Complaint for Divorce, you should prepare to give information about:

• The date and location of your marriage
• The date of your separation
• The fault and no-fault-based grounds for divorce
• Your minor children
• Your assets and debts
• Your income and budget needs

Review the information in your complaint for divorce to ensure everything is accurate. Then, you'll sign the complaint in front of a notary. Finally, make at least two copies of your divorce papers.

File the Forms

Next, take your complaint for divorce (original and copies) to the court clerk in your county for filing. You can also file for divorce in the county where your spouse lives or where you lived at the time of separation.

You must pay the requisite filing fee when you submit your paperwork to the court. If you cannot afford the filing fee, you can file a "Request to Postpone Filing Fees and Order." Once you file your case, the clerk will assign a case number to your file and issue a summons.

You must serve a copy of the summons and complaint on your spouse.

Serve Your Spouse

You can get a process server or sheriff's deputy to serve the complaint and summons on your spouse. Tennessee also allows for service by mail. But, your spouse (or their attorney) must be willing to sign a Waiver of Service of Process to acknowledge receipt.

After you serve your spouse, they have 30 days to file an "Answer and Counter-Complaint." These documents allow your spouse to accept or deny your allegations. It also allows them to make their demands on the court.

Settlement or Discovery

In many divorce cases, the next step is settlement negotiations. These might happen between the spouses, their attorneys, or with the help of a mediator.

Sometimes, discovery takes place before or during settlement negotiations. Other times, it happens after settlement negotiations fail.

Discovery is exchanging and gathering information pertinent to the case. This can include written requests for information, requests for production of documents, and requests for admissions. Each party must answer all discovery requests within 30 days. But, sometimes, the spouses agree to exchange discovery documents informally.

The purpose of discovery is to gather information about assets, income, fault allegations (if any), debt, budgets, and other relevant information. Attorneys use this information during the settlement negotiations, and it helps the court decide issues such as:

• Grounds for divorce
• Property division
• Child custody and support
• Alimony

Depending on your relationship with your spouse, discovery may take a few weeks or longer.

Attend Parenting Class

Divorcing parents in Tennessee must attend a four-hour parenting education seminar before the judge grants their final divorce decree. These classes help parents learn how to co-parent and support their children after divorce. The goal is to reduce divorce-caused stress on the parents and their children.

Classes are available through different providers. The divorcing spouses must pay to attend the parenting classes. Some providers offer sliding fees based on income. The court may waive these costs if the parents qualify.

Continued Settlement Efforts or Divorce Trial

Most Tennessee divorce cases settle out of court, often through mediation. Mediation is much more cost-effective than going to trial and allows the spouses to control the outcome of their case.

Unfortunately, some cases do not settle. If this is the case, you must attend a court trial. Trials are expensive and time-consuming. At the trial, the judge listens to evidence and prepares to rule on the contested issues of the case.

Once the judge issues a ruling, the spouses have 30 days to appeal the decision.

How Much Does It Cost to File for Divorce in Tennessee?

The cost of divorce can add up. Tennessee filing fees range between $200 and $400, depending on the county. Each county lists its filing fees on its website. Other related costs include service fees (usually around $75), copy fees, and mediation fees.

You can file a Request to Postpone Filing Fees and Order if you can't afford to pay. If the judge approves your request, you may have to pay the filing fees at the end of your divorce.

You need to consider attorney's fees if a divorce attorney represents you. The amount divorce lawyers charge depends on their experience and where they are. (Divorce lawyers in large cities charge more than rural divorce lawyers.)

Do You Need an Attorney to File for Divorce in Tennessee?

The law doesn't force you to hire an attorney. Meeting with a Tennessee divorce attorney before you file your divorce papers is best to address any potential issues. Having a family law attorney review your divorce settlement agreement is also a good idea. This helps ensure that the agreement is fair. You'll certainly want a lawyer's help if you have significant assets or if your spouse has a lawyer.

How Long Does It Take to Get Divorced in Tennessee?

The time it takes to divorce depends on various factors. In Tennessee, an agreed-upon divorce or an uncontested divorce is the quickest way to end a marriage.

Even when your spouses agree to the divorce terms, Tennessee law still requires that you wait until after the "cooling off period" to finalize your divorce. The fastest a judge can issue your final divorce decree in an agreed divorce is 61 days after filing. But the timing also depends on the court's availability.

A contested divorce can take much longer, depending on how many issues you and your spouse disagree on. The average contested divorce takes about a year to resolve.

How To Find a Divorce Attorney in Tennessee

Filing for divorce is one of the most stressful and important experiences you will ever go through. A divorce lawyer can help guide you and protect your rights.

Find a lawyer near you:

• Divorce Lawyers in Nashville
• Divorce Lawyers in Memphis

More Resources

• Divorce in Tennessee: Average Cost and Time
• How To Divorce
• Divorce Information by State
• Filing and Serving Divorce Papers