How to File for Divorce in Tennessee
How to file for divorce in Tennessee: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: If the grounds arose while the filer lived in Tennessee, or arose outside Tennessee while the filer lived elsewhere, either spouse must have lived in Tennessee for the six months before the complaint is filed. A member of the U.S. Tenn. Code Ann. 36-4-104
| Residency requirement | If the grounds arose while the filer lived in Tennessee, or arose outside Tennessee while the filer lived elsewhere, either spouse must have lived in Tennessee for the six months before the complaint is filed. A member of the U.S. armed services, or their spouse, who has lived in Tennessee for at least one year is presumed to be a resident. Source: Tenn. Code Ann. 36-4-104 |
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| Uncontested or simplified divorce | Spouses can get an agreed divorce on the ground of irreconcilable differences by signing a written, notarized marital dissolution agreement; the agreement can take the place of service of process and an answer. The court may grant the divorce only if it finds the parties' written agreement makes adequate and sufficient provision for the custody and support of any children and an equitable settlement of property; otherwise the case is continued. The 60-day or 90-day waiting period applies. The Tennessee courts publish court-approved agreed divorce forms, but the tncourts.gov forms page was behind a browser check and was not read. Source: Tenn. Code Ann. 36-4-103 |
| Waiting period | A divorce complaint must be on file for 60 days before it can be heard if the parties have no unmarried child under 18, and at least 90 days if they do. The period starts on the date the complaint is filed. |
Where to get help in Tennessee
More Tennessee divorce & family law
- Getting a Marriage License in Tennessee
- Adopting a Child in Tennessee
- Guardianship of a Child or Adult in Tennessee
- Establishing Paternity in Tennessee
- Changing Your Name in Tennessee
- Child Custody Laws in Tennessee
- How Child Support Is Calculated in Tennessee
- Divorce Records in Tennessee
- Alimony and Spousal Support in Tennessee
- Legal Separation and Annulment in Tennessee
- All Tennessee divorce & family law rules
FAQ
How long do you have to live in Tennessee to file for divorce?
If the grounds arose while the filer lived in Tennessee, or arose outside Tennessee while the filer lived elsewhere, either spouse must have lived in Tennessee for the six months before the complaint is filed. A member of the U.S. armed services, or their spouse, who has lived in Tennessee for at least one year is presumed to be a resident.
How do you get an uncontested divorce in Tennessee?
Spouses can get an agreed divorce on the ground of irreconcilable differences by signing a written, notarized marital dissolution agreement; the agreement can take the place of service of process and an answer. The court may grant the divorce only if it finds the parties' written agreement makes adequate and sufficient provision for the custody and support of any children and an equitable settlement of property; otherwise the case is continued. The 60-day or 90-day waiting period applies.
Is there a waiting period for divorce in Tennessee?
A divorce complaint must be on file for 60 days before it can be heard if the parties have no unmarried child under 18, and at least 90 days if they do. The period starts on the date the complaint is filed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.