Tennessee Divorce Petition

Q: What is a divorce petition in Tennessee?

In Tennessee, the divorce petition is the pleading that starts a divorce case, and the courts call it a Complaint for Divorce. The filing spouse (the Plaintiff) files it against the other spouse (the Defendant) and serves it with a Summons. It states the residency basis under T.C.A. § 36-4-104, the grounds under § 36-4-101(a), and the relief the Plaintiff seeks, such as property division, support, and any parenting arrangements.

Q: What is the difference between a divorce petition and a dissolution of marriage in Tennessee?

In Tennessee there is no practical difference in outcome, but the terminology differs from many other states. Tennessee calls the action a "divorce" and does not use the statutory term "dissolution of marriage." It also names the starting document a "Complaint for Divorce" rather than a "petition," and it labels the parties Plaintiff and Defendant rather than petitioner and respondent. So a Tennessee "divorce petition" is simply the everyday name for the Complaint for Divorce.

Q: How long must I live in Tennessee before filing for divorce?

Under T.C.A. § 36-4-104, if the grounds arose in Tennessee, the plaintiff must have been a bona fide resident when the acts were committed. If the grounds arose outside the state, either the plaintiff or the defendant must have resided in Tennessee for six (6) months next preceding the filing of the complaint.

Q: What are the grounds for divorce in Tennessee?

Tennessee allows both no-fault and fault grounds under T.C.A. § 36-4-101(a). The no-fault grounds are "irreconcilable differences" (a)(14) and living in separate residences for two (2) or more years with no minor children (a)(15). Fault grounds include adultery, cruel and inhuman treatment or inappropriate marital conduct, and desertion.

Q: How long does a divorce take in Tennessee?

Tennessee imposes a statutory waiting period under T.C.A. § 36-4-103(c). The court cannot finalize the divorce for at least sixty (60) days from the date of filing if the parties have no unmarried child under eighteen (18), and ninety (90) days if they do. These are minimums, and contested cases often take longer.

Q: What court form do I use to file for divorce in Tennessee?

You file a Complaint for Divorce, the initiating pleading, together with a Summons. Tennessee does not use the word "petition" for this document. The Tennessee Supreme Court provides approved pro se packets titled Complaint for Divorce in versions with and without minor children, and you may file in either the Circuit Court or the Chancery Court.

Q: How much does it cost to file a divorce in Tennessee?

Filing fees vary by county, running roughly $184 to $450 and commonly landing around $250 to $400. Cases with minor children are frequently near $259. Confirm the exact amount with the clerk of the Circuit or Chancery Court where you file, and ask about a fee-waiver affidavit if you cannot afford the deposit.

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Introduction

Tennessee calls the pleading that starts a divorce a Complaint for Divorce, the written document one spouse files to ask a judge to formally end the marriage, brought by the Plaintiff against the Defendant. Before you file, T.C.A. § 36-4-104 sets the residency test: if the grounds arose inside the state, you must have been a bona fide resident when the acts were committed; if they arose elsewhere, either you or your spouse must have resided in Tennessee for six (6) months next preceding the filing. Tennessee recognizes both no-fault grounds, such as "irreconcilable differences" under § 36-4-101(a)(14) and living in separate residences for two (2) or more years with no minor children under (a)(15), and fault grounds such as adultery, inappropriate marital conduct, and desertion. Even an uncontested Complaint for Divorce cannot close for at least sixty (60) days from filing when there is no unmarried child under eighteen (18), or ninety (90) days when there is, per T.C.A. § 36-4-103(c).

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Key Things to Know

1
Under Tennessee practice, the document that opens a divorce case is the Complaint for Divorce, not a "petition"; the spouse who files it is the Plaintiff, and the other spouse is the Defendant.
2
Residency under T.C.A. § 36-4-104: if the grounds arose in Tennessee, the plaintiff must have been a bona fide resident when the acts were committed; if the grounds arose outside the state, either the plaintiff or defendant must have resided in Tennessee for six (6) months next preceding the filing of the complaint.
3
Waiting period under T.C.A. § 36-4-103(c): the court cannot finalize a divorce for at least sixty (60) days from the date of filing if the parties have no unmarried child under eighteen (18), and ninety (90) days if they do have such a child.
4
Grounds under T.C.A. § 36-4-101(a): the no-fault grounds are "irreconcilable differences" (a)(14) and living in separate residences for two (2) or more years with no minor children (a)(15); fault grounds include adultery, cruel and inhuman treatment or inappropriate marital conduct, and desertion. Physical separation matters only for the two-year separate-residences ground, never for irreconcilable differences.
5
Property division follows equitable distribution, not community property: T.C.A. § 36-4-121 directs the court to divide marital property fairly in light of each spouse's circumstances, which does not necessarily mean equally, while separate property generally stays with its owner.
6
Forms and court: the initiating pleading is a "Complaint for Divorce" (Tennessee does not use "petition"), served with a Summons, and the Tennessee Supreme Court provides approved pro se packets in versions with and without minor children; divorce jurisdiction is concurrent between the Circuit Court and the Chancery Court under T.C.A. § 36-4-104 and § 16-11-110, so the plaintiff may file in either, and Tennessee has no "Superior Court."
7
Filing fees run roughly $184 to $450 depending on county, commonly around $250 to $400, and frequently near $259 in cases involving minor children; confirm the amount with the clerk where you file and ask about fee-waiver affidavits if you cannot afford the deposit.

Key decisions before you file

Before you file a Divorce Petition in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce in Tennessee

Tennessee anchors every divorce in the residency test of T.C.A. § 36-4-104. If the grounds arose inside Tennessee, the plaintiff must have been a bona fide resident when the acts were committed. If the grounds arose outside the state, either the plaintiff or the defendant must have resided in Tennessee for six (6) months next preceding the filing of the complaint. Filing without meeting this test risks dismissal before a judge reaches the merits.

The Complaint, Not a Petition

Tennessee does not use "petitioner" and "respondent," and it does not call the action a "dissolution of marriage." The initiating pleading is a Complaint for Divorce, filed by the Plaintiff against the Defendant and served with a Summons. The Tennessee Supreme Court publishes approved pro se packets titled "Complaint for Divorce," with separate versions for couples with and without minor children. Learn more about the initiating document at (/legal-document/divorce-petition).

Grounds: No-Fault and Fault

Under T.C.A. § 36-4-101(a), the two no-fault grounds are "irreconcilable differences" at (a)(14) and living in separate residences for two (2) or more years with no minor children at (a)(15). The same statute lists fault grounds, including adultery, cruel and inhuman treatment or inappropriate marital conduct, and desertion. Irreconcilable differences require no physical separation. Separation matters only for the two-year separate-residences ground, which the law makes unavailable when the couple has minor children.

Waiting Periods and Timing

Even an uncontested case cannot close immediately. T.C.A. § 36-4-103(c) sets a minimum of sixty (60) days from the date of filing when the parties have no unmarried child under eighteen (18), and ninety (90) days when they do. These figures are floors, not ceilings, and contested matters routinely run far longer.

Dividing Property

Tennessee follows equitable distribution, not community property. T.C.A. § 36-4-121 directs the court to divide marital property equitably, meaning fairly in light of each spouse's circumstances rather than in equal halves. Separate property generally stays with its owner, while the court apportions marital assets and debts at its discretion.

Which Court Hears It

Tennessee has no "Superior Court." Divorce jurisdiction is concurrent between the Circuit Court and the Chancery Court under T.C.A. § 36-4-104 and § 16-11-110, so a plaintiff may file in either depending on county practice.

Filing Fees

Costs vary by county, running roughly $184 to $450. Many counties land around $250 to $400, and filing with minor children commonly costs near $259. Confirm the exact amount with the clerk of the Circuit or Chancery Court where you file, and ask about fee-waiver affidavits if you cannot afford the deposit.

Before You File

Verify your residency footing under § 36-4-104, choose your ground under § 36-4-101(a), and prepare the correct Complaint for Divorce packet. Knowing the sixty- or ninety-day clock and Tennessee's equitable-distribution rule up front keeps your matter moving through Circuit or Chancery Court.

Tennessee Requirements for Divorce Petition

Residency (State)
Spouses must meet the residency requirement: T.C.A. § 36-4-104: If the grounds arose in Tennessee, the plaintiff must have been a bona fide resident when the acts were committed; if the grounds arose outside the state,....
Residency (County)
Must file in the correct county Circuit Court or Chancery.
Grounds for Divorce
Must properly plead grounds: No-fault + fault. No-fault grounds under T.C.A. § 36-4-101(a) are 'irreconcilable differences' (a)(14) and living 'in separate residences... for a period of two (2) or more years' with no minor....
Waiting Period
Mandatory waiting period: T.C.A. § 36-4-103(c): a minimum of sixty (60) days from the date of filing if the parties have no unmarried....
Required Forms
Must file correct state forms: Complaint for Divorce (the initiating pleading; not a 'petition') and a Summons. Tennessee also provides....
Property Division
Property is divided according to: Equitable distribution (not community property), governed by T.C.A. § 36-4-121, which directs an equitable division... laws.
Filing Fee
Filing fee is typically Approximately $184,$450 depending on county; commonly around $250,$400 (e.g., roughly... unless waived.
Service of Process
The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

What is a divorce petition in Tennessee?

What is the difference between a divorce petition and a dissolution of marriage in Tennessee?

How long must I live in Tennessee before filing for divorce?

What are the grounds for divorce in Tennessee?

How long does a divorce take in Tennessee?

What court form do I use to file for divorce in Tennessee?

How much does it cost to file a divorce in Tennessee?

How is property divided in a Tennessee divorce?

Introduction

Key Things to Know

Key decisions before you file

Customize your Divorce Petition Template with DocDraft

Filing a Divorce in Tennessee

The Complaint, Not a Petition

Grounds: No-Fault and Fault

Waiting Periods and Timing

Dividing Property

Which Court Hears It

Filing Fees

Before You File

Tennessee Requirements for Divorce Petition

Residency (State)

Residency (County)

Grounds for Divorce

Waiting Period

Required Forms

Property Division

Filing Fee

Service of Process

Frequently Asked Questions