Marriage & Divorce Laws

You're not required to find fault with your partner to get a divorce, although you can also cite grounds if your reason qualifies. There are several laws and state rules to be aware of, though. See our resources below for key information.

Finances, Property and Support

One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.

Other Important Topics about Divorce in Tennessee 

Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Tennessee court system, while others need more help. 

Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.

• Military divorce
• Applying for a fee waiver
• How to change your name

• Divorce checklist
• Sole vs. split child custody
• Divorce for business owners

• Marital Home
• How to establish paternity
• Understanding QDROs
• Move away cases
• Alimony calculator
• Divorce rates

• Financial disclosures
• Child support calculator
• I was served a petition, now what?
• Are divorce records public?
• Should I file a response to a petition?

Important Information About Divorce in Tennessee

What is the waiting period in Tennessee?

60 days for an agreed divorce with no children. If you have kids, the wait is 90 days.

What is the do you need to be separated before filing for divorce? if so, how long? in Tennessee?

No. But being separated for two years may be a grounds for divorce.

What is the property (e.g., separate property / equitable property) in Tennessee?

Equitable Distribution

What is the filing fee in Tennessee?

Varies, up to around $400.

What is the joint petition possible? in Tennessee?

Yes, if you are fling for an agreed divorce. The form can be found here: https://las.org/wp-content/uploads/2017/01/agreed_divorce_ALL.pdf.

What is the how do you waive filing fee? in Tennessee?

You can request to postpone paying the fee. You could also fill out an Affidavid of Indigency.
https://www.tncourts.gov/rules/supreme-court/29

What is the annulment rules in Tennessee?

- Mental illness, insanity or another incapacity that prevented consent to the marriage
- Temporary insanity
- One party entering the marriage as a result of being the victim of fraud, being under duress, or due to threat of violence
- bigamy
- incest
- permanent impotence
- the denial of marital rights, such as cohabitation or engaging in sexual relations—only in cases where those involved in the marriage never lived together or consummated the marriage.

What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Tennessee?

An agreed divorce in TN is an uncontested divorce.

What is the what are the parties divorcing called? in Tennessee?

Plaintiff/Defendant

What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Tennessee?

Sheriff

What is the what are the residency requirements for divorce? in Tennessee?

Must have lived in TN for six months. Or, it may be possible to divorce in TN if you separated while in TN.

What is the does it matter who files first? in Tennessee?

No.

What is the what is the deadline for the response (or equivalent) in Tennessee?

30 days

What is the are the parties required to go to court? describe in Tennessee?

Yes, for your Final Divorce Hearing.

What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Tennessee?

Yes, if you are parents, you have 60 days to attend the parenting seminar.

What is the is separation required before you can finalize your divorce? in Tennessee?

No.

What is the no-fault state? in Tennessee?

Both.

What is the if fault, what are the grounds? in Tennessee?

If fault divorce, the following can be grounds:
*adultery
*bigamy
*desertion
*abandonmnet
*conviction of a serious crime
*attempted murder of spouse
*substance abuse
* cruelty
*other inappropriate marital conduct

What is the permanent alimony/spousal support? in Tennessee?

Yes

What is the alimony/spousal support rules in Tennessee?

Alimony in futuro is a type of alimony that could possibly end up being permanent. Rehabilitative seems more likely, but permanent is possible: https://www.tncourts.gov/sites/default/files/docs/alimony_bench_book_-_19th_edition.pdf

What is the child support rules in Tennessee?

Judge orders employer of one parent to pay the other. It can be paid online. See this link: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-payment-information/receiving-child-support.html

What is the military divorce rules in Tennessee?

If you are away/on active duty, the proceedings can be put on hold at that time and also for a grace period after that (likely 60 days).

What is the is there an official spousal support calculator? if yes, link in Tennessee?

No.

What is the is there an official child support calculator? if yes, link in Tennessee?

Yes, although it is for "educational purposes" only and the court will have the final say. https://www.tn.gov/humanservices/for-families/child-support-services/child-support-guidelines/child-support-calculator-and-worksheet-1.html

What is the when are you able to file taxes as a single person? in Tennessee?

If you divorced during the tax year and you have agreed with your ex to claim any children as dependents, or they lived with you for more than half the year, you can file as single and also head of household, which allows you a bigger tax break.

What is the can parties legally separate? if so, how? in Tennessee?

Yes. File a Complaint for Legal Separation.See here: https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=f244d745-b44e-4eb5-a63f-3bbc6a74406c&nodeid=ABKAAEAAC&nodepath=%2FROOT%2FABK%2FABKAAE%2FABKAAEAAC&level=3&haschildren=&populated=false&title=36-4-102.+Legal+separation.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A50J2-V370-R03N-W1SR-00008-00&ecomp=vgf5kkk&prid=c793d11d-1cbc-4385-a7eb-22bccebb78d4

What is the where do you file for divorce? (e.g., resident county, etc.) in Tennessee?

In the county where you live, or the county where your spouse lives, or the county where you lived when you separated.

What is the what are the rules for filing in this place? in Tennessee?

Take forms to clerk of court in the place you have determined is your filing county based on above).

What is the what are the primary documents generated for divorce called? in Tennessee?

The petition is called the Complaint for Divorce. In agreed divorce, the Divorce Agreement is what you file to tell the court what your final agreements are, including alimony.

What is the can you change your name during the divorce process? if so, how? in Tennessee?

Yes - include name change in petition.

What is the can you finalize your divorce while pregnant? if yes, how? in Tennessee?

Case by case - may be OK in an agreed divorce.

What is the if you can't divorce while pregnant, what are the rules to get a divorce after pregnancy? in Tennessee?

If the divorce is contested, you likely have to wait until the baby is born to settle child-related issues like custody and support.

What is the info on ending domestic partnerships

(formerly "can you end a domestic partnership at the same time as divorce") in Tennessee?

No. TN does not recognize domestic partnerships.

What is the are financial disclosures required? if so, explain in Tennessee?

Yes. This is built into the agreed divorce petition.

What is the is there free legal help for divorce in this state? if so, where and how do you access? in Tennessee?

Yes. Check out this website where you can ask questions and get answers from lawyers for free: https://tn.freelegalanswers.org/. And here is a statewide directory that gives info about leads on legal aid in TN: https://www.tals.org/search-help. Also here: https://www.laet.org/?ddownload=343.

What is the is there common law marriage? in Tennessee?

No.

What is the e-filing? in Tennessee?

Attorneys can in some counties
https://www.tncourts.gov/E-Filing

What is the e-filing? in Tennessee?

Yes

What is the court required? in Tennessee?

Yes

What is the are you required to appear in court at any point in the divorce process? in Tennessee?

Whether you file for an agreed divorce or a divorce based on irreconcilable differences, both you and your spouse should attend a final hearing before a judge in order to finalize your divorce.

What is the more divorce information: in Tennessee?

Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx