Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For free legal assistance, contact Legal Aid Society of Middle TN (Nashville) — 615-244-6610 or Memphis Area Legal Services — 901-523-8822.
Tennessee divorce is governed by T.C.A. § 36-4-101 et seq. Tennessee is an equitable distribution state — marital property is divided fairly, not automatically 50/50, based on the factors in T.C.A. § 36-4-121. Tennessee courts strongly prefer that spouses resolve all issues by agreement (through a Marital Dissolution Agreement) rather than through contested litigation.
An uncontested divorce — where both spouses agree on property division, debt, alimony, and (if applicable) child custody and support — typically takes 3–6 months from filing to Final Decree, including the mandatory waiting period. Contested divorces involving disputed assets or custody take significantly longer.
Grounds for Divorce in Tennessee
Under T.C.A. § 36-4-101. Irreconcilable differences is used in the vast majority of uncontested cases.
Irreconcilable Differences (Most Common)
Tennessee allows divorce on the ground of irreconcilable differences under T.C.A. § 36-4-101(a)(11) when both spouses agree in writing that the marriage is irretrievably broken. This is a no-fault ground. In an uncontested divorce, both spouses sign a Marital Dissolution Agreement (MDA) and, if children are involved, a Permanent Parenting Plan. After a mandatory 90-day waiting period (60 days if no minor children), the court may enter the Final Decree.
Two-Year Separation
If the parties have lived separately for at least 2 years and have no minor children, either spouse may obtain a divorce under T.C.A. § 36-4-101(a)(12). This ground does not require both spouses to consent — one spouse can file unilaterally after the 2-year separation period. This is useful when one spouse refuses to cooperate with an irreconcilable differences filing.
Fault-Based Grounds (§ 36-4-101(a)(1)–(10))
Tennessee also allows divorce on fault grounds including: impotency, adultery, conviction of an infamous crime, habitual drunkenness or drug addiction, cruel and inhuman treatment, attempt on the spouse's life, refusal to move to Tennessee and willful absence for 2+ years, pregnancy by another man at the time of marriage (concealed from husband), and indignities making the spouse's condition intolerable. Fault grounds can affect alimony awards and may influence property division, though Tennessee courts give them limited weight in financial matters.
Abandonment and Bigamy
Willful desertion for 1+ year (T.C.A. § 36-4-101(a)(3)) and bigamy (T.C.A. § 36-4-101(a)(13)) are additional grounds. Desertion requires showing the spouse left voluntarily and without reasonable cause. These grounds are rarely used when no-fault options are available.
Equitable Distribution in Tennessee
Tennessee divides marital property “equitably” — not automatically 50/50 — based on the following factors in T.C.A. § 36-4-121(c):
How to File for Divorce in Tennessee
Confirm Tennessee Residency Requirements
At least one spouse must have been a Tennessee resident for at least 6 months before filing for divorce (T.C.A. § 36-4-104). Alternatively, if the grounds for divorce arose in Tennessee, either spouse may file in Tennessee. File in the Circuit Court (or Chancery Court in some counties) in the county where either spouse resides. If both spouses lived in the same county before separating, file in that county. Nashville (Davidson County) uses the Chancery Court for divorce proceedings; most other counties use the Circuit Court.
Prepare the Complaint for Divorce
The Complaint for Divorce is the initiating document. It states the parties' names and addresses, the length of marriage, grounds for divorce (typically irreconcilable differences for an uncontested case), children of the marriage, and the relief requested (property division, alimony, custody, child support). In an uncontested divorce, both spouses typically sign the Complaint jointly as co-petitioners. Filing fees vary by county — typically $150 to $300. Check with your specific county courthouse for the current amount.
Negotiate and Sign the Marital Dissolution Agreement (MDA)
The Marital Dissolution Agreement (MDA) is the binding contract that resolves all financial and property issues in your divorce: division of marital property (real estate, vehicles, retirement accounts, savings, and other assets), debt allocation, and alimony (if any). The MDA must be in writing, signed by both parties, notarized, and filed with the court. Unlike some states, Tennessee requires the MDA to be signed and filed as part of the divorce proceedings. The MDA becomes a court order when incorporated into the Final Decree of Divorce.
Complete the Permanent Parenting Plan (If Minor Children)
If you have minor children, Tennessee requires a Permanent Parenting Plan (PPP) in all divorce cases. The PPP must include: designation of the Primary Residential Parent and Alternative Residential Parent, the parenting schedule (days and times each parent has the children), holiday and vacation schedule, decision-making authority for education, healthcare, and religious upbringing, procedures for modifying the schedule, and child support calculated under the Tennessee Child Support Guidelines (based on income and parenting time). The court will not grant a final divorce until a PPP is in place.
Wait Out the Mandatory Waiting Period
Tennessee law requires a mandatory waiting period before a divorce can be granted: 90 days from filing if the parties have minor children (T.C.A. § 36-4-101(b)); 60 days if there are no minor children. The waiting period runs from the date the Complaint is filed (or from the date the defendant is served, depending on the court). You cannot waive this waiting period. Use this time to finalize the MDA, complete the Permanent Parenting Plan (if applicable), and ensure all financial disclosures are complete.
Obtain the Final Decree of Divorce
After the waiting period expires and all required documents are filed, either party may submit the case to the court for a Final Decree of Divorce. In uncontested cases where both parties have signed the MDA and PPP, many Tennessee courts approve the divorce without a hearing — particularly in Nashville's Chancery Court where a "desk-top" divorce procedure is available. In other counties, a brief uncontested hearing before the judge or a judge's designee may be required. The Final Decree dissolves the marriage and incorporates the MDA and PPP as court orders.
Related Resources
Tennessee Specific
Tennessee Uncontested Divorce Package
Complete divorce document package for Tennessee Circuit Court (and Nashville Chancery Court). Includes the Complaint for Divorce, Marital Dissolution Agreement, Permanent Parenting Plan (if applicable), Child Support Worksheet, and county-specific filing instructions for all 95 Tennessee counties.
Get the Divorce PackageDisclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For free legal assistance in Tennessee, contact Legal Aid Society of Middle Tennessee — 1-800-238-1443.