Tennessee offers both no-fault and fault-based divorce, with a legal system that still gives significant weight to marital misconduct. Whether you live in Nashville, Memphis, Knoxville, or a rural county, understanding the divorce process in Tennessee can save time, money, and stress.
Residency Requirements in Tennessee
To file for divorce in Tennessee, one spouse must have lived in the state for at least six months prior to filing. If the grounds for divorce occurred in Tennessee, the residency requirement may not apply.
No-Fault vs. Fault-Based Grounds
Tennessee permits both no-fault and fault-based divorce. No-fault divorces are based on irreconcilable differences and require full agreement on all terms. Fault-based grounds include adultery, cruelty, desertion, addiction, and conviction of a felony.
Filing and Serving the Divorce
The divorce begins with a Complaint for Divorce filed in the Circuit or Chancery Court. The other spouse must be served and given 30 days to respond. If the case is uncontested, a final hearing may occur within 60–90 days of filing.
Waiting Periods in Tennessee
There is a mandatory waiting period of 60 days after filing for divorces without children and 90 days if children are involved. These are minimums and may be extended depending on court schedules and complexity of the case.
In Tennessee, no-fault divorce requires full agreement on every issue — otherwise, the case must proceed on fault grounds or go to trial.
Division of Property
Property is divided using an equitable distribution model. Marital assets are divided fairly based on income, contributions, length of marriage, and future needs. Separate property is excluded unless commingled or used for marital purposes.
Spousal Support and Alimony
Courts may award alimony as transitional, rehabilitative, or long-term. Factors include earning capacity, education, marital fault, and ability to become self-supporting. Adultery or misconduct may increase or eliminate alimony awards.
Child Custody and Parenting Plans
Custody is decided based on the best interests of the child. Parents must submit a Permanent Parenting Plan covering legal and physical custody, visitation, and dispute resolution. Courts favor shared parenting if both parties can cooperate.
Child Support Guidelines
Tennessee uses a formula based on both parents' incomes and the number of children. Adjustments are made for insurance, daycare, and parenting time. Support orders may be modified if circumstances change significantly.
- Residency: 6 months unless the cause occurred in Tennessee
- No-fault divorces require full agreement on all issues
- Mandatory 60–90 day waiting periods apply
- Alimony decisions may consider marital fault
- Parenting plans and child support required if children involved
Unlike many states, Tennessee still gives real legal weight to fault — including adultery, abuse, and addiction — when dividing property and awarding alimony.
Tennessee's divorce process blends modern parenting policies with traditional Southern legal roots. Whether your case is uncontested or fault-based, knowing the law helps you prepare, negotiate, and protect your future.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Tennessee divorce papers or browse Tennessee divorce lawyers to get the help you need.