Divorce is one of the most stressful and life-changing events a person can go through. Whether your separation is amicable or high-conflict, understanding how divorce actually works in Tennessee can help you make informed decisions, avoid costly mistakes, and protect your rights.
Tennessee divorce laws include specific timelines, required paperwork, parenting plan rules, grounds for divorce, and financial considerations that aren’t always obvious at the start. This guide provides a comprehensive, plain-English explanation of the entire divorce process in Tennessee, updated for 2025.
1. Grounds for Divorce in Tennessee
Tennessee recognizes both fault-based and no-fault grounds.
No-Fault Grounds
The most common no-fault ground is irreconcilable differences. This requires mutual agreement and is typically used for uncontested divorces.
Another no-fault ground is living separate and apart for two years with no minor children.
Fault-Based Grounds
Fault-based grounds include:
- Adultery
- Inappropriate marital conduct
- Impotence
- Habitual drunkenness or drug abuse
- Desertion/abandonment
- Conviction of an infamous crime
- Attempted murder of spouse
- Bigamy
- Pregnancy by another person at marriage
- Indignities or cruel treatment
Fault does not always change the division of property, but it can impact:
- Alimony
- Parenting time
- Negotiation leverage
Most contested divorces claim inappropriate marital conduct, a broad category covering disrespect, yelling, infidelity, or actions that make living together unsafe or unsuitable.
2. Residency Requirements
To file for divorce in Tennessee:
- You must have lived in the state six months, or
- The grounds for divorce occurred in Tennessee
Military families stationed at Fort Campbell often qualify even if they recently moved to the area.
3. Filing the Divorce Complaint
The divorce officially begins when one spouse files a Complaint for Divorce in the appropriate county — usually where either spouse lives.
The complaint outlines:
- Grounds for divorce
- Basic facts
- Requests for relief (property division, parenting time, support, etc.)
After filing, the other spouse (the “respondent”) must be officially served or must sign a waiver.
4. Waiting Periods (Mandatory Delays)
Tennessee law requires a “cooling-off” period before a divorce can be finalized:
- 60 days if the parties have no minor children
- 90 days if the parties have minor children
The clock starts after filing — not after service.
Even uncontested divorces cannot be finalized before these deadlines.
5. Contested vs. Uncontested Divorce
Understanding the difference helps set expectations.
Uncontested Divorce (Irreconcilable Differences)
This is the fastest and least expensive option.
Requirements:
- You and your spouse agree on everything
- A signed Marital Dissolution Agreement (MDA)
- A completed Parenting Plan (if children)
- Child support worksheet
- Final decree documents
Uncontested divorces may be completed shortly after the mandatory waiting period.
Contested Divorce
A contested divorce involves disputes over issues such as:
- Custody
- Parenting time
- Child support
- Alimony
- Property division
- Debt responsibility
- Retirement accounts
- Business interests
Contested cases may involve:
- Multiple court hearings
- Mediation
- Discovery
- Expert witnesses
- Trial
These cases can take months or years, depending on complexity and cooperation.
6. Child Custody and Parenting Plans
If minor children are involved, the court requires a Permanent Parenting Plan (PPP). This document outlines:
- Day-to-day schedule
- Holiday and vacation schedule
- Decision-making authority
- Communication
- Transportation
- Dispute resolution methods
- Child support obligations
Courts base custody decisions on the Tennessee best-interest factors, which include:
- Stability
- Parenting involvement
- Ability to meet the child’s needs
- Mental and physical health of each parent
- Child’s preference (if 12 or older)
- Safety concerns
- Cooperation between parents
Judges generally prefer both parents remain active in the child's life, unless there is serious evidence to the contrary.
7. Child Support
Child support in Tennessee is determined by a formula that takes into account:
- Both parents’ income
- Days of parenting time
- Health insurance costs
- Childcare expenses
- Other permitted adjustments
Even if parents reach an agreement privately, the judge must approve it to ensure it meets statutory guidelines.
8. Alimony in Tennessee
Alimony (spousal support) is one of the most contested issues.
The four types of alimony in Tennessee are:
Alimony in Futuro (Long-Term Alimony)
Ongoing support for long-term marriages where there’s a significant income disparity.
Rehabilitative Alimony
Helps a spouse become self-supporting through education, training, or career development.
Transitional Alimony
Short-term support for a spouse adjusting to post-divorce life.
Alimony in Solido (Lump Sum)
A fixed amount — often used to equalize property division or cover legal fees.
Factors determining alimony include:
- Length of the marriage
- Earning capacity
- Standard of living
- Fault (sometimes)
- Education and job skills
- Age and health of each spouse
- Contributions to the marriage
- Need and ability to pay
Judges have broad discretion, which means outcomes can vary significantly.
9. Division of Property and Debts
Tennessee is an equitable distribution state — meaning assets and debts are divided fairly, not necessarily 50/50.
Marital property includes:
- Homes
- Vehicles
- Bank accounts
- Credit card debt
- Retirement accounts
- Businesses
- Personal property
- Investment accounts
Non-marital property (generally) includes:
- Property owned before marriage
- Inherited assets
- Gifts
- Certain personal injury settlements
- Post-separation income
The key factor is whether the property became commingled or increased in value due to marital efforts.
10. Mediation Requirements
In most contested divorce cases involving children, Tennessee requires mediation before trial.
A neutral mediator helps the parties negotiate:
- Parenting issues
- Property division
- Alimony
- Child support
Many cases settle at mediation, avoiding trial costs.
11. Divorce Timelines in Tennessee
Uncontested Divorce
- 2–4 months typical
- 60–90 day waiting period
- No hearings required in some counties
Contested Divorce
- 9–18 months typical
- Longer if high-conflict or involving businesses, real estate, or custody disputes
12. Costs of Divorce in Tennessee
Costs vary widely depending on complexity.
Uncontested Divorce
- Filing fees: $250–$350
- Attorney fees: typically limited
Contested Divorce
Costs can increase due to:
- Discovery
- Mediation
- Expert witnesses
- Depositions
- Trial preparation
Fees vary depending on the level of conflict, financial complexity, and custody issues.
13. Final Decree of Divorce
The divorce ends when the judge signs the Final Decree, which incorporates all agreements and orders, including:
- Parenting plan
- Marital dissolution agreement
- Child support
- Alimony
- Property division
Once signed, the spouses are legally divorced.
14. Post-Divorce Modifications
Some parts of a divorce can be modified later:
- Parenting time
- Child support
- Alimony (in some cases)
Property division generally cannot be modified once finalized.
15. Final Thoughts
Divorce is complicated — emotionally, financially, and legally. But understanding the process empowers you to make smart decisions and avoid pitfalls.
Whether your divorce is uncontested or fiercely contested, you benefit from having a clear plan, knowledgeable representation, and a practical strategy for achieving your goals.
If you're considering divorce or are already in the process, an experienced Tennessee divorce attorney can help you protect your rights, your children, and your financial future.