Tennessee Divorce Laws

Divorce is never easy. It often involves emotionally charged disputes and tough decisions, particularly when you have minor children. The good news is that state laws don't force people to stay married if it's no longer working out. But, they do have specific legal requirements for divorce.

Here, we'll highlight Tennessee's divorce laws. We will also explain how the divorce process works in the Volunteer State, specifically about alimony, child custody, and division of marital property.

Divorce Laws in Tennessee: At a Glance

If you are considering filing for divorce, review the following provisions of Tennessee's divorce laws to get started. See FindLaw's extensive Divorce section for more resources.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Tennesse divorce attorney or conduct legal research to verify your state's laws.

Anyone filing for divorce or responding to a divorce filing will want to get acquainted with Tennessee's court-approved divorce forms. The forms are available for download. If you choose to mediate your divorce, the state offers a directory of mediators.

Legal Requirements for a Tennessee Divorce

To file for divorce in Tennessee, you must meet specific legal requirements. First, you must meet the state's residency requirements. To file a complaint for divorce in Tennessee, you must live in the state for at least six months.

Tennesse also has a mandatory waiting period for your divorce to become final. The family law judge can't issue a final decree of divorce for at least 60 days from the date of your complaint. The waiting period is 90 days if you and your spouse have minor children.

This waiting period is often called a "cooling off" period. It allows the parties to change their minds or modify the terms of their marital dissolution agreement.

No-Fault Divorce and Fault-Based Divorce in Tennessee

Before you file your divorce papers, you must decide which type of divorce you want to file. The two main types are a no-fault divorce and a fault-based divorce case.

With a no-fault divorce, you don't have to blame your spouse for the marriage breakdown. Tennessee law offers two grounds for divorce in a no-fault divorce action. The two grounds for a no-fault divorce are:

• Irreconcilable differences — You must certify that you and your spouse can no longer continue as a married couple. You must also certify that the marriage is beyond repair.
• Separation of two years — You can certify that you and your spouse have lived apart for two years. You should not engage in domestic relations or act as a couple during this time.

You also have the right to file a fault-based divorce. Tennessee recognizes the following grounds for divorce:

• Impotence or sterility at the time of the marriage
• Adultery
• Bigamy
• Willful desertion without reasonable cause
• Conviction of a felony
• Habitual drunkenness or use of narcotics
• Cruel and inhuman treatment (domestic violence)
• Refusal to move to the State of Tennessee (thereby causing separation)

If you opt for a fault-based divorce, you must submit proof of your spouse's inappropriate marital conduct to the court clerk with your divorce forms.

Contested Divorce vs. Uncontested Divorce

Most people agree that an uncontested divorce is much easier (and faster) than a contested divorce. In an uncontested divorce, the parties agree to the material terms of the divorce. For example, they have already agreed to a parenting plan and child support. If this happens, the parties will submit a marital settlement agreement to the court for approval.

Once the judge approves the agreement, they can schedule a date to issue the final divorce decree. Given the mandatory waiting period, they can only do this once the requisite time has passed.

In a contested divorce, the parties disagree about many legal issues, including:

• Alimony/spousal support
• Child custody
• Child support
• Equitable distribution of property

Your divorce attorney can ideally negotiate an agreement with your spouse's lawyer. If not, your case will go to trial. After the trial, the judge will decide on these issues for you. They will include their findings in your final divorce decree.

In contested and uncontested divorce actions, the parties can't remarry until the mandatory waiting period ends.

Get Help From a Tennessee Divorce Lawyer

The divorce process in Tennessee can be complex and emotionally draining. While you have every right to handle your divorce case yourself, you should consider hiring a Tennessee divorce lawyer for sound legal advice.

Your divorce attorney will help navigate the family law courts. They'll also work hard to negotiate a fair marital settlement agreement. This allows you to focus on moving on with your life after divorce.

Research the Law

• Tennessee Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Tennessee Legal Requirements for Divorce: Related Resources

• Tennessee Child Custody Laws
• Tennessee Marital Property Laws
• Divorce Property Division FAQ
• Hire a Divorce Lawyer