Everything to Know About Divorce in Tennessee
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Divorce can feel really overwhelming, so it’s important to educate yourself and prepare for each step. Here is a high-level guide to divorce in Tennessee.
Prerequisites for divorce in Tennessee
Residency
To file for divorce in Tennessee:
- Either spouse must have lived in the state for at least six months, or
- You must be a current resident and the reason for divorce occurred in Tennessee
Waiting period
There is a 60-day waiting period for agreed divorces with no children, and a 90-day waiting period if you have minor children.
Grounds
Tennessee allows both no-fault divorce for “Irreconcilable differences” and fault-based grounds (adultery, desertion, cruelty, substance abuse, felony conviction, impotence, and others).
No-fault divorces are faster but require agreement on all terms. Fault-based claims can impact alimony and property division.
How to file for divorce in Tennessee
- File a Complaint for Divorce in the county where you or your spouse lives.
- Serve your spouse using the sheriff or a process server.
- Wait for a response: The other spouse has 30 days to file an answer.
- File Parenting Plan and attend a co-parenting class (if you have children).
- Final hearing: Required in all cases. A judge signs the Final Decree.
If uncontested, the process may be completed at the hearing. Contested cases may require multiple hearings and a trial.
How much does divorce cost in Tennessee?
Filing fees vary by county, usually up to $400. Other possible costs can include:
Can’t afford it? You can request a fee waiver using the Poverty Affidavit form available via our link here or from your court clerk.
Property & asset/debt division in Tennessee
Tennessee follows equitable distribution rules. That means marital property is divided fairly—not always 50/50—based on:
- Length of the marriage
- Financial contributions
- Each spouse’s earning capacity
- Misconduct (if it financially harmed the marriage)
Separate property (like gifts or inheritance) is typically excluded unless it was mixed with marital assets.
Alimony (spousal support) in Tennessee
Tennessee allows several types of alimony:
- Alimony in futuro: Long-term support
- Rehabilitative alimony: To help a spouse become self-supporting
- Transitional alimony: Short-term post-divorce adjustment
- Lump sum (alimony in solido): Fixed amount, often tied to property division
Courts consider the following to calculate alimony:
There is no set formula. Each case is decided individually.
Child custody and support in Tennessee
Custody
Tennessee requires a Parenting Plan for any divorce involving children. Custody is based on the best interests of the child, including:
- Each parent’s relationship with the child
- Living situation and stability
- History of abuse or neglect
- Child’s preference (depending on age)
Joint custody is possible, but not guaranteed.
Support
Child support follows state guidelines. Judges may order wage garnishment through the paying parent’s employer.
Tennessee has an online child support calculator for educational use only. Actual orders are based on verified financial disclosures.
Military divorce in Tennessee
Active duty or deployed service members are protected under the Servicemembers Civil Relief Act, which may delay proceedings. Either spouse must meet the 6-month residency rule to file in Tennessee.
Legal separation and annulment
- Legal separation: Allowed by filing a Complaint for Legal Separation. It is the same process as divorce but without ending the marriage.
- Annulment: Only possible if the marriage was invalid due to mental incapacity, coercion, fraud, or bigamy.
Can you file for divorce online in Tennessee?
Some counties allow e-filing for attorneys, but most self-represented parties must file in person. Check Tennessee Courts or your county clerk for local e-filing policies.
After divorce: what’s next?
- Name change: Can be included in the divorce petition.
- Taxes: You can file as single for the tax year your divorce is finalized.
- Custody/support modifications: You can return to court if circumstances change.
- Update documents: Wills, life insurance, and account beneficiaries. See our list.
Legal help and resources
Tennessee offers a clear, step-by-step divorce process—especially for agreed divorces. Still, things like parenting plans, property division, and alimony can get complicated. Know the timelines, use the state’s resources, and reach out to Hello Divorce for help.
