How to File for Divorce in Tennessee — 2026 Guide

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for advice specific to your situation.

Filing for divorce is one of the most significant legal steps you can take. It's stressful, emotionally heavy, and full of paperwork you've probably never seen before. This guide walks you through exactly how divorce works in Tennessee — requirements, the process, the costs, and what to expect at each step.

Whether you're just starting to think about it or you're ready to file tomorrow, this guide will help you understand what's ahead.

Tennessee Divorce Requirements

Before you can file for divorce in Tennessee, you need to meet a few basic requirements.

Residency

At least one spouse must have lived in Tennessee for 6 months before filing. If neither of you meets that requirement yet, you'll need to wait until you do.

Grounds for Divorce

Tennessee allows both fault-based and no-fault divorces.

No-fault divorce is the most common. Under Tennessee Code § 36-4-101, you can file on the grounds of "irreconcilable differences." This means the marriage has broken down and can't be fixed — you don't have to prove anyone did anything wrong.

Fault-based grounds include:

• Adultery
• Abandonment (at least 1 year)
• Cruel and inhuman treatment
• Convicted felony with imprisonment
• Habitual drunkenness or drug abuse
• Impotence

Most uncontested divorces use irreconcilable differences. It's simpler and less expensive.

Types of Divorce in Tennessee

Uncontested Divorce

An uncontested divorce means both spouses agree on all the major issues: property division, debts, child custody, child support, and alimony. These cases move faster and cost less because there's no court battle.

If you and your spouse can reach an agreement, an uncontested divorce is typically completed in 60–90 days in Tennessee.

Contested Divorce

A contested divorce happens when spouses disagree on one or more issues. These cases take longer — often 6 months to 2+ years — and are significantly more expensive.

Divorce With vs. Without Children

Tennessee distinguishes between divorces involving minor children and those that don't. When children are involved, you'll need to submit an additional Parenting Plan that outlines custody, visitation, and child support arrangements.

How to File for Divorce in Tennessee: Step-by-Step

Step 1: Gather Your Documents

Before you file, you'll need basic information about your marriage:

• Full legal names and addresses of both spouses
• Date and place of marriage
• Names and dates of birth of any minor children
• A list of marital property (real estate, vehicles, bank accounts, retirement accounts)
• A list of marital debts

Step 2: Prepare Your Divorce Petition

The Complaint for Divorce (also called a Petition) is the document that officially starts the process. It states:

• The grounds for divorce (usually irreconcilable differences)
• Your requests for property division, child custody, support, etc.

This is the most important document in your case. It needs to be accurate and complete. jurisdiction-correct divorce templates from Jurist-Diction ensure your petition meets Tennessee's exact court formatting requirements.

Step 3: File With Your County Clerk

File your Complaint for Divorce with the Circuit Court Clerk (or Chancery Court, depending on your county) in the county where you or your spouse lives.

Filing fees vary by county, but typically range from $150–$400 in Tennessee. You may be able to request a fee waiver if you can't afford the cost.

Step 4: Serve Your Spouse

After filing, your spouse must be officially served with the divorce papers. Tennessee law requires this. Common methods include:

• Sheriff's service (most common)
• Certified mail with return receipt
• Process server
• Acceptance of service (if your spouse agrees to sign)

Your spouse then has 30 days to respond.

Step 5: Negotiate a Settlement Agreement

If both spouses agree on the terms, you'll prepare a Marital Dissolution Agreement (MDA) — a contract that spells out exactly how everything will be divided. This includes:

• Real estate and personal property
• Bank accounts, retirement accounts, investments
• Debts and credit cards
• Spousal support (alimony), if any

For divorces with children, you'll also prepare a Permanent Parenting Plan.

Step 6: Waiting Period

Tennessee requires a 60-day waiting period from the date you file before a divorce can be finalized — even if both spouses agree on everything. If minor children are involved, the waiting period extends to 90 days.

Use this time to ensure all your paperwork is in order.

Step 7: Final Hearing

For an uncontested divorce, the final hearing is usually brief — often just 5–15 minutes. The judge will review your settlement agreement, ask a few questions, and if everything is in order, sign the Final Decree of Divorce.

Congratulations. You're legally divorced.

Tennessee Divorce Costs

One of the most common questions people have is: how much will this cost?

Filing Fees

$150–$400 depending on your county. Some counties charge more for divorces with children.

Attorney Fees

If you hire a divorce attorney in Tennessee, expect to pay:

• $150–$400/hour for attorney time
• $1,500–$5,000+ for a simple uncontested divorce
• $10,000–$30,000+ for a contested divorce

jurisdiction-correct templates

If your divorce is uncontested and you understand the process, jurisdiction-correct divorce documents from Jurist-Diction give you the same professionally prepared paperwork at a fraction of the cost — starting at $97.

Templates are for informational purposes only and do not constitute legal advice.

Property Division in Tennessee

Tennessee is an equitable distribution state. That means marital property is divided fairly — but not necessarily 50/50. Courts consider factors like:

• Length of the marriage
• Each spouse's income and earning potential
• Contributions to the marriage (including homemaking)
• Economic circumstances of each spouse
• Tax consequences of the division

Marital vs. Separate Property

Marital property is generally everything acquired during the marriage. Separate property — assets owned before the marriage, or received as gifts or inheritance — typically stays with the original owner.

Child Custody in Tennessee

When children are involved, the court's primary concern is the best interest of the child. Tennessee courts prefer joint custody arrangements when both parents are fit.

Types of Custody

• Legal custody: Who makes major decisions about the child's education, healthcare, and religion.
• Physical custody: Where the child lives day-to-day.

Joint legal and physical custody is common in Tennessee for cooperative parents. One parent is usually designated the Primary Residential Parent.

Parenting Plan Requirements

Tennessee requires every divorce with children to include a detailed Permanent Parenting Plan (Form CT-P-6). It must cover:

• A holiday and vacation schedule
• A regular parenting time schedule
• Decision-making responsibilities
• How disputes will be resolved

Child Support

Tennessee uses an Income Shares Model to calculate child support. Both parents' incomes are combined, and each parent's share of support is proportional to their income. The Tennessee Department of Human Services provides an online calculator.

Alimony (Spousal Support) in Tennessee

Tennessee courts can award alimony (also called spousal support) based on factors including:

• Length of the marriage
• Standard of living during the marriage
• Each spouse's earning capacity
• Contributions to the other spouse's education or career
• Whether a spouse is a primary caregiver for young children

Types of alimony in Tennessee:

• Alimony in solido — lump-sum or fixed payments
• Alimony in futuro — ongoing support until death or remarriage
• Rehabilitative alimony — temporary support to help a spouse become self-sufficient
• Transitional alimony — short-term support during the adjustment period

Divorce FAQs: Tennessee

How long does divorce take in Tennessee?

An uncontested divorce takes a minimum of 60 days (90 days with children). Contested divorces can take 6 months to several years.

Can I get a divorce without a lawyer in Tennessee?

Yes. Tennessee allows pro se (self-represented) divorce. You are responsible for preparing and filing all paperwork correctly. jurisdiction-correct templates help ensure your documents are accurate.

What if my spouse won't sign the divorce papers?

Your spouse's refusal to sign doesn't prevent the divorce. You can proceed with a contested divorce. The court can grant a divorce even without your spouse's cooperation.

What is a legal separation in Tennessee?

Tennessee recognizes legal separation (called "separate maintenance"). It doesn't end the marriage but can establish custody, support, and property arrangements while spouses live apart.

Does Tennessee have a common-law marriage?

No. Tennessee does not recognize common-law marriages formed within the state. However, it may recognize common-law marriages validly formed in other states.

How is debt divided in a Tennessee divorce?

Marital debt is divided similarly to marital property — equitably, based on factors like who incurred the debt and each spouse's ability to pay.

Getting Started

Filing for divorce in Tennessee is a process you can navigate — especially when your divorce is uncontested and both spouses are ready to move forward.

Ready to prepare your Tennessee divorce paperwork? Jurist-Diction's jurisdiction-correct Tennessee divorce documents include all the forms you need — formatted to your county's exact requirements — starting at $97.

Templates are for informational purposes only and do not constitute legal advice. For complex situations, consult a licensed Tennessee attorney.

Last updated: March 2026 | Jurist-Diction covers divorce documents for: NY, NJ, PA, MD, DE, MS, TN