Tennessee Divorce Complaint — Your Filing Guide
What This Document Does
This is a Complaint for Divorce filed in Tennessee Circuit Court or Chancery Court. Filing this document starts the legal process to end your marriage. It tells the court who you are, who your spouse is, why you want a divorce, and what you're asking the court to decide.
When to Use This
Use this document if:
- You want to end your marriage in Tennessee
- You (or your spouse) have lived in Tennessee for at least 6 months
- Your marriage has broken down and cannot be saved
- You are ready to start the legal divorce process
Residency Requirement
Before filing, you must meet the residency requirement under Tenn. Code Ann. § 36-4-104:
- You OR your spouse must have lived in Tennessee for at least 6 months before filing
- File in the county where you or your spouse currently lives
Grounds for Divorce in Tennessee
Under Tenn. Code Ann. § 36-4-101, you can file for divorce on these grounds:
No-Fault Ground:
- Irreconcilable differences — The most common ground. You and your spouse cannot get along and the marriage cannot be saved. No need to prove anyone did anything wrong.
Fault Grounds (require proof):
- Adultery
- Habitual drunkenness or drug abuse
- Willful desertion for 1 year
- Inappropriate marital conduct (cruel or inhuman treatment)
- Abandonment
- Attempt on your life
- Conviction of a felony
- Others listed in Tenn. Code Ann. § 36-4-101
Before You File
Gather these items:
- [ ] Your marriage certificate (or date and place of marriage)
- [ ] Proof of Tennessee residency for at least 6 months (driver's license, utility bills, lease)
- [ ] Information about your children (names, birth dates, Social Security numbers)
- [ ] List of your property (house, cars, bank accounts, retirement)
- [ ] List of your debts (mortgage, car loans, credit cards)
- [ ] Your income information (pay stubs, tax returns)
- [ ] $150–$400 for filing fee (varies by county)
Step-by-Step Filing
- Complete the Complaint. Fill in every bracketed field. Check all boxes that apply.
- Choose your grounds. Most people use "irreconcilable differences" because it's simpler — no need to prove fault.
- Complete the Summons. Get a Summons form from the court clerk. This tells your spouse they're being sued for divorce.
- Make copies. You need:
- Original Complaint + Summons for the court
- Copy for your spouse
- Copy for yourself
- Go to the Circuit Court or Chancery Court in your county. See court addresses below.
- File with the clerk. Pay the filing fee ($150–$400).
- Fee Waiver: If you cannot afford the fee, ask the clerk for an In Forma Pauperis (IFP) affidavit.
- Serve your spouse. Your spouse must receive a copy of the Complaint and Summons. Options:
- Sheriff's service (clerk arranges; small fee)
- Certified mail (get return receipt)
- Private process server
- Spouse signs a Voluntary Appearance and Waiver
- Wait for the waiting period to pass.
- 60 days if no minor children
- 90 days if you have minor children
(This is a minimum waiting period required by Tenn. Code Ann. § 36-4-126)
If You Have Children
Tennessee requires a Parenting Plan if you have minor children. You must:
- Complete a permanent parenting plan form
- Attend a parenting class (required in most counties)
- Calculate child support using the Tennessee Child Support Guidelines
At Your Final Hearing
After the waiting period, you'll have a final hearing. If uncontested:
- Bring your filed documents
- Bring your spouse (or proof they were served)
- Bring your Marital Dissolution Agreement (if you have one)
- Bring your Parenting Plan (if you have children)
The judge will ask:
- "Are your residency requirements met?"
- "Are there grounds for divorce?"
- "Is the marriage irretrievably broken?"
Answer "yes" to each question.
Key Tennessee Statutes
| Statute | What It Means |
|---|---|
| Tenn. Code Ann. § 36-4-101 | All grounds for divorce in Tennessee |
| Tenn. Code Ann. § 36-4-104 | 6-month residency requirement |
| Tenn. Code Ann. § 36-4-103 | Procedure for irreconcilable differences divorce |
| Tenn. Code Ann. § 36-4-126 | 60/90-day waiting period |
Court Locations
| County | Court | Address | Phone |
|---|---|---|---|
| Shelby | Circuit Court | 140 Adams Ave, Memphis, TN 38103 | (901) 222-3900 |
| Davidson | Circuit Court | 1 Public Square, Nashville, TN 37201 | (615) 862-5181 |
| Knox | Circuit Court | 300 Main Street, Knoxville, TN 37902 | (865) 215-2522 |
| Hamilton | Circuit Court | 625 Georgia Ave, Chattanooga, TN 37402 | (423) 209-6700 |
Legal Aid Resources
If you need free legal help:
- West Tennessee Legal Services: (901) 523-8822
- Legal Aid Society of Middle Tennessee: (800) 238-1443
- Legal Aid of East Tennessee: (423) 756-4013
- Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Timeline
| Step | Time |
|---|---|
| File Complaint | Day 1 |
| Serve Spouse | Within 30 days |
| Waiting Period | 60–90 days minimum |
| Final Hearing | After waiting period |
| Final Decree Signed | At hearing |
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Divorce laws are complex. Property division, child custody, and alimony have specific rules. For legal advice specific to your situation, legal advice, contact a licensed Tennessee attorney or the legal aid organizations listed above.
Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists.
Templates are for informational purposes only and do not constitute legal advice.