How to File for Divorce in Tennessee

Tennessee divorces are filed in Circuit Court or Chancery Court, depending on the county. Tennessee follows equitable distribution. Many couples use irreconcilable differences with a settlement; others proceed on fault or the two-years-separate ground (if there are no minor children).

Requirements to File

If the grounds occurred in Tennessee, you may file immediately. If the grounds occurred outside Tennessee, at least one spouse must have lived in Tennessee for six months before filing. File in the proper county—generally where the defendant resides, where the spouses last lived together, or where the plaintiff resides if the defendant is a nonresident. Tennessee has a post-filing cooling-off period before an irreconcilable-differences divorce can be granted: 60 days if you have no minor children, 90 days if you do.

Step-by-Step Process

Step 1: Choose your path and prepare forms. For an uncontested case, complete a Complaint for Divorce, Summons, and financial disclosures. With children, prepare a Permanent Parenting Plan and complete the required parenting class. Draft your Marital Dissolution Agreement early.

Step 2: File with the clerk. File in Circuit or Chancery Court. Pay the filing fee or request an indigency/fee waiver. You’ll receive a docket number and file-stamped copies.

Step 3: Serve your spouse. Use sheriff/process server, certified mail where allowed, private process server, or a signed waiver/entry of appearance. If you cannot locate your spouse, request alternate service.

Step 4: Observe timelines and disclosures. A defendant typically has 30 days after service to answer. Exchange complete, organized financials early to smooth settlement.

Step 5: Settlement or hearing. If you settle, file your Marital Dissolution Agreement, the Permanent Parenting Plan if applicable, and a proposed Final Decree. After the 60/90-day waiting period (if using irreconcilable differences), the court may grant judgment, often after a short hearing.

Step 6: Final decree. The judge signs a Final Decree of Divorce covering property/debt division, alimony, parenting and child support where applicable, and any name change. Get certified copies.

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FAQs

Do we have to be separated to file in Tennessee?
No separation is required to file. However, without a settlement, you may proceed on fault or, if you have no minor children, on two years’ continuous separation as a ground.

Which court handles divorces in Tennessee?
Circuit Court or Chancery Court, depending on your county.

How long does a Tennessee divorce take?
Uncontested cases using irreconcilable differences typically require 60 days (no minor children) or 90 days (with minor children) after filing before the court can grant a decree.