Tennessee Uncontested Divorce — Your Complete Filing Guide

What This Packet Does

This packet helps you get an uncontested divorce in Tennessee when you and your spouse agree on everything. It includes a Complaint for Divorce, a Marital Dissolution Agreement, and this step-by-step guide. If you and your spouse can agree on how to divide your property and debts — and on custody if you have children — you can complete your divorce without a lawyer, saving thousands of dollars.

Is This Packet Right for You?

Use this packet if:

• You AND your spouse want the divorce and agree on all terms
• You or your spouse have lived in Tennessee for at least 6 months
• You agree on how to divide all property and debts
• You agree on custody, visitation, and child support (if you have minor children)
• Neither spouse is in the military (military divorces have special rules)

Do NOT use this packet if:

• Your spouse refuses to sign the Marital Dissolution Agreement
• You cannot agree on property, debts, or custody
• There is domestic violence or you fear for your safety
• Your spouse has hidden assets or you suspect fraud
• Complex assets are involved (businesses, substantial investments)

If any of these apply, consult a lawyer or legal aid organization listed at the end of this guide.

Tennessee Divorce Laws You Need to Know

Residency Requirement (Tenn. Code Ann. § 36-4-104)

> "A divorce may be granted for any of the causes referenced in § 36-4-101 if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint."

What this means: You OR your spouse must have lived in Tennessee for at least 6 months before you file. You file in the county where either of you lives.

Grounds for Divorce (Tenn. Code Ann. § 36-4-101)

Tennessee allows both "no-fault" and "fault" grounds. For an uncontested divorce, you will use:

Irreconcilable Differences (§ 36-4-101(a)(14)) — The no-fault ground. You simply state that the marriage cannot be saved. No need to prove anyone did anything wrong.

Waiting Period (Tenn. Code Ann. § 36-4-103(c)(1))

> "Bills for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age."

What this means:

• 60 days if you have NO minor children
• 90 days if you HAVE minor children under 18

This is a minimum waiting period. Your divorce cannot be finalized until this time has passed.

Waiver of Service (Tenn. Code Ann. § 36-4-103(a)(2))

> "In lieu of service of process, the defendant may enter into a written notarized marital dissolution agreement with plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint."

What this means: When your spouse signs the Marital Dissolution Agreement and has it notarized, they are:

1. Agreeing to the divorce
2. Waiving formal service (no sheriff needed to deliver papers)
3. Submitting to the court's jurisdiction
4. Waiving the right to file an answer

This saves time and money.

Before You File — Documents to Gather

Gather these items before starting:

Personal Information:

• [ ] Your full legal name, address, phone, email
• [ ] Your spouse's full legal name, address, phone, email
• [ ] Date and location of your marriage (city, state)
• [ ] Your Tennessee driver's license or state ID (proof of residency)

Financial Documents:

• [ ] Bank statements (all accounts, last 3 months)
• [ ] Pay stubs (last 3 months) for both spouses
• [ ] Tax returns (last 2 years)
• [ ] Retirement account statements (401k, IRA, pension)
• [ ] Investment account statements
• [ ] Credit card statements (all cards)
• [ ] Loan documents (mortgage, car loans, student loans)
• [ ] Property deeds and vehicle titles

If You Have Children:

• [ ] Children's full names, dates of birth, Social Security numbers
• [ ] Current school and grade for each child
• [ ] Health insurance information
• [ ] Childcare costs documentation

For the Court:

• [ ] $150-$400 for filing fee (cash, money order, or credit card)
• [ ] Access to a notary public (banks, UPS stores, libraries often have one)

Step-by-Step Filing Instructions

Step 1: Complete the Complaint for Divorce

1. Open the tn-uncontested-divorce-court-doc.md file.
2. Fill in every bracketed field [LIKE THIS] with your information.
3. Check all boxes that apply.
4. Delete sections that do not apply (e.g., if no children, delete the children section).
5. Do not sign yet. You will sign in front of the clerk or notary.

Step 2: Complete the Marital Dissolution Agreement (MDA)

1. Open the tn-marital-dissolution-agreement.md file.
2. Work through this WITH your spouse. Both of you must agree on everything.
3. Fill in all property, debts, and other terms.
4. Be thorough — this becomes a court order.
5. Do not sign yet. Signatures must be notarized.

Step 3: Complete the Permanent Parenting Plan (If You Have Children)

If you have minor children, you must also complete a Permanent Parenting Plan. This is a separate Tennessee form that covers:

• Residential schedule (where children live)
• Holiday and vacation schedules
• Decision-making authority
• Child support calculation

Download the official form from the Tennessee Courts website or ask the clerk.

Step 4: Have the MDA Notarized

1. Go to a notary public (banks, UPS stores, libraries).
2. Bring valid photo ID.
3. Both spouses must sign IN FRONT OF THE NOTARY.
4. The notary will complete the acknowledgment sections.
5. Tip: Some clerks' offices have notaries — call ahead.

Step 5: Make Copies

Make 3 copies of each document:

• 1 original for the court
• 1 copy for your spouse
• 1 copy for yourself

Step 6: File with the Court Clerk

1. Go to the Circuit Court or Chancery Court clerk's office in your county.
2. Bring all original documents plus copies.
3. Tell the clerk you are filing for an uncontested divorce.
4. Pay the filing fee ($150-$400 depending on county).
5. Fee Waiver: If you cannot afford the fee, ask for an In Forma Pauperis (IFP) affidavit. Complete it and submit it with your documents.

The clerk will:

• Assign a case number
• Stamp your copies
• Keep the originals
• Give you a hearing date (after the waiting period)

Write down your case number and hearing date immediately.

Step 7: Serve Your Spouse (If MDA Not Yet Signed)

If your spouse already signed the notarized MDA: Skip this step. The MDA is their waiver of service.

If your spouse has NOT signed the MDA: They must be formally served:

• Ask the clerk to arrange sheriff's service (small fee)
• Send by certified mail with return receipt
• Hire a private process server

Your spouse has 30 days to respond after being served.

Step 8: Wait for the Waiting Period

You cannot get divorced until:

• 60 days have passed since filing (no children)
• 90 days have passed since filing (with children)

Use this time to:

• Make sure all paperwork is complete
• Gather any missing documents
• Confirm your spouse has signed the MDA

Step 9: Attend the Final Hearing

1. Bring:

• Your stamped copy of the filed Complaint
• The notarized Marital Dissolution Agreement
• Permanent Parenting Plan (if children)
• Photo ID
• Your spouse (or proof they signed the MDA)

1. What Happens:

• The judge will call your case
• You will be sworn in
• The judge will ask questions to confirm:
• You meet the residency requirement
• The marriage is irretrievably broken
• The MDA is fair and voluntary
• The judge will sign the Final Decree

1. What to Say:

• "Your Honor, I am [NAME], the Petitioner."
• "I have lived in Tennessee for more than six months."
• "Irreconcilable differences have arisen and the marriage is irretrievably broken."
• "My spouse and I have signed a Marital Dissolution Agreement resolving all issues."
• "I ask that the Court grant the divorce and approve our agreement."

Step 10: Get Certified Copies

After the hearing:

1. Ask the clerk for 2-3 certified copies of the Final Decree.
2. There may be a small fee ($5-$10 per copy).
3. Keep one for your records.
4. Use certified copies to:

• Change your name (if applicable)
• Update bank accounts
• Transfer vehicle titles
• Update insurance policies

Timeline Overview

Total time: Approximately 3-5 months

Tennessee Court Locations

For other counties, search: Tennessee [County Name] Circuit Court clerk

Legal Aid Resources — Free and Low-Cost Help

Tennessee Legal Aid Organizations

West Tennessee Legal Services

• Phone: (901) 523-8822
• Serves: Shelby, Fayette, Tipton, Lauderdale, and western TN counties
• Website: www.wtls.org

Legal Aid Society of Middle Tennessee and the Cumberlands

• Phone: (800) 238-1443
• Serves: Davidson and middle TN counties
• Website: www.las.org

Legal Aid of East Tennessee

• Phone: (423) 756-4013
• Serves: Hamilton, Knox, and eastern TN counties
• Website: www.laet.org

Tennessee Justice Center

• Phone: (615) 255-0331
• Focus: Health care access and children's issues
• Website: www.tnjustice.org

Memphis Area Legal Services

• Phone: (901) 523-8822
• Serves: Memphis and Shelby County
• Website: www.malsi.org

Nashville Conflict Resolution Center

• Phone: (615) 333-6660
• Focus: Mediation services
• Website: www.nashvillecrc.org

National Resources

LawHelp.org

• Website: www.lawhelp.org
• Find legal aid by state and issue

Legal Services Corporation (LSC)

• Find legal aid: www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Domestic Violence Resources

Tennessee Domestic Violence Hotline

• Phone: (800) 356-6767
• 24/7 confidential support

National Domestic Violence Hotline

• Phone: (800) 799-7233
• Website: www.thehotline.org

Common Questions

Q: Can I get divorced if my spouse won't sign anything?

A: No, not with this packet. This packet requires your spouse to agree. If they refuse, you'll need a contested divorce. Consult a lawyer or legal aid.

Q: What if we have children but agree on everything?

A: You can still use this packet. Complete the Permanent Parenting Plan and calculate child support using Tennessee's guidelines. The waiting period is 90 days instead of 60.

Q: Do we have to go to court together?

A: In most counties, only one spouse must appear at the final hearing if the MDA is signed and notarized. Check with your clerk.

Q: Can I change my name back to my maiden name?

A: Yes. Request this in the Complaint and MDA. The judge will include it in the Final Decree at no extra cost.

Q: What if I can't find my spouse?

A: You cannot use this packet. You'll need to serve by publication (newspaper notice). Consult a lawyer or legal aid.

Q: How long does spousal support last?

A: It depends on your agreement. You can set a specific end date or make it non-modifiable. Talk to legal aid if you're unsure what's fair.

Checklist Before Filing

• [ ] Residency requirement met (6 months in Tennessee)
• [ ] Complaint for Divorce completed (all fields filled)
• [ ] Marital Dissolution Agreement completed (all property and debts listed)
• [ ] Both spouses signed MDA in front of notary
• [ ] Permanent Parenting Plan completed (if children)
• [ ] All documents printed (original + 2 copies each)
• [ ] Filing fee ready ($150-$400) or IFP affidavit completed
• [ ] Proof of residency (driver's license or utility bill)
• [ ] Know your county's court location and hours

Disclaimer

This guide and all documents are for informational purposes only and do not constitute legal advice. Divorce laws are complex and subject to change. Property division, child custody, and alimony have specific rules that may affect your rights.

Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists by your use of these materials.

If you have questions about your specific situation, legal advice, contact a licensed Tennessee attorney or the legal aid organizations listed above.

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