Getting Divorced in Tennessee: A Legal Guide

Before filing for divorce in Tennessee, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Tennessee for at least six months prior to filing. If you recently moved to Tennessee, you may need to wait until you meet this requirement before proceeding.

Tennessee allows both fault-based and no-fault divorces. For a no-fault divorce, you can cite 'irreconcilable differences' or living separately for two years without minor children. Fault-based grounds include adultery, abandonment, cruel treatment, and others. Deciding which grounds to use will affect your strategy and potentially the outcome of property division.

Collect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. Tennessee requires full financial disclosure during divorce proceedings, and organizing these documents early will help with completing the required Financial Disclosure Declaration.

This is the document that initiates the divorce process. In Tennessee, it must include basic information about both spouses, marriage date, separation date, grounds for divorce, and preliminary requests regarding property division, child custody, and support. If you have children, you must also include information about them. The petition must be filed in the county where either spouse resides.

A summons is a legal document that notifies your spouse that you have filed for divorce. It informs them that they have 30 days to respond to the petition in Tennessee. The summons must be served along with the petition according to Tennessee law.

Take the completed petition, summons, and required filing fee to the clerk of the circuit or chancery court in the appropriate county. In Tennessee, divorce cases can be filed in either court. The filing fee varies by county but is typically between $200-$400. If you cannot afford the fee, you can apply for a fee waiver by filing an Affidavit of Indigency.

After filing, your spouse must be legally served with the petition and summons. In Tennessee, this can be done through the sheriff's office, a private process server, or by certified mail with return receipt. If your spouse agrees, they can sign a Waiver of Service. Service must be properly documented for the court.

If you are the respondent (non-filing spouse), you must file a response within 30 days of being served. If you are the petitioner, wait for your spouse's response. The response should address each allegation in the petition and state any counterclaims. If no response is filed, you may be able to proceed with a default judgment.

Both spouses must complete and exchange comprehensive financial disclosures. In Tennessee, this includes all assets, debts, income, and expenses. Be thorough and honest—intentionally hiding assets can result in penalties and may negatively impact your case. This document forms the basis for property division negotiations.

Tennessee requires divorcing parents of minor children to attend a parenting education class. The class covers the impact of divorce on children and co-parenting strategies. You must complete this before the divorce can be finalized, and you'll receive a certificate of completion to file with the court.

If you have minor children, Tennessee law requires a detailed Parenting Plan. This document outlines the residential schedule (physical custody), decision-making authority (legal custody), and addresses holidays, transportation, communication, and other parenting issues. The plan must serve the best interests of the children and provide for their changing needs as they grow.

Tennessee uses the Income Shares Model for calculating child support. Both parents' incomes are considered, along with the number of children, parenting time, health insurance costs, work-related childcare expenses, and other factors. Use the Tennessee Child Support Calculator available on the Department of Human Services website to complete this worksheet accurately.

Work with your spouse (and attorneys if applicable) to reach agreement on property division, debt allocation, alimony, child support, and parenting arrangements. Tennessee follows equitable distribution principles, meaning property is divided fairly but not necessarily equally. Consider mediation if negotiations stall—many Tennessee courts require mediation before trial.

If retirement accounts or pensions need to be divided, a QDRO is required. This specialized court order instructs the plan administrator how to divide these assets. Each retirement plan has specific requirements for QDROs, so consider consulting with a financial advisor or attorney who specializes in QDROs to ensure it will be accepted by the plan administrator.

If immediate issues need resolution (such as temporary support, custody, or use of the marital home), either party can request a temporary orders hearing. Prepare financial information and be ready to testify about your needs and circumstances. These orders remain in effect until the final divorce decree.

In contested divorces, formal discovery may be necessary. This can include interrogatories (written questions), requests for production of documents, depositions, and subpoenas. Tennessee has specific rules governing discovery timeframes and procedures. Respond to all discovery requests honestly and completely within the required timeframes.

Most Tennessee courts require mediation before a trial date will be set. A neutral mediator will help you and your spouse try to reach agreements on contested issues. Come prepared with your financial information and a clear understanding of your priorities and acceptable compromises.

If you cannot reach agreement on all issues, prepare for trial. Organize all financial documents, witness testimony, and evidence supporting your position. In Tennessee, divorce trials are heard by a judge, not a jury. Be prepared to testify and be cross-examined about all aspects of your marriage, finances, and parenting abilities.

This document finalizes your divorce and contains all court orders regarding property division, debt allocation, alimony, child custody, and support. If your divorce is uncontested, you can prepare this in advance. If contested, it will be prepared after the judge makes their ruling. The decree must be specific and detailed enough to be enforceable.

If child support or alimony is ordered, Tennessee typically requires a wage withholding order. This document directs the paying spouse's employer to withhold support payments directly from their paycheck and send them to the state's central collection unit, which then distributes them to the receiving spouse.

Even in uncontested cases, Tennessee requires a final hearing. If all issues are resolved, this may be brief. Bring copies of all signed agreements and the proposed Final Decree. The judge will review the documents, may ask questions, and if satisfied, will sign the Final Decree, legally ending your marriage.

Ensure all final documents are properly filed with the court clerk, including the signed Final Decree, any QDROs, Wage Withholding Orders, and Parenting Plan. Request certified copies of these documents for your records and to implement the terms of your divorce.

After your divorce is finalized, complete necessary follow-up tasks: submit QDROs to retirement plan administrators, change beneficiaries on insurance policies and wills, update estate planning documents, transfer titles to vehicles and real estate, change names on accounts, and update your name with Social Security (if applicable). Tennessee has specific procedures for each of these tasks.