Divorce in Tennessee

Overview of Tennessee Divorce Law

Tennessee provides both no-fault and fault-based grounds for divorce under T.C.A. Section 36-4-101. The no-fault ground is “irreconcilable differences,” which requires both spouses to agree that the marriage cannot be saved. If one spouse contests the no-fault ground, the other must either prove a fault-based ground or reach an agreement.

Tennessee also retains a broad list of fault-based grounds, which can influence the court’s decisions on alimony, property division, and attorney fee awards. The state distinguishes between divorces with and without minor children, applying different waiting periods to each.

Residency Requirements

At least one spouse must have been a bona fide resident of Tennessee for six months before filing. If the grounds for divorce arose outside Tennessee, the filing spouse must have been a resident for six months before filing. The divorce is filed in the chancery or circuit court of the county where the parties last lived together, or where the defendant resides.

Grounds for Divorce

Under T.C.A. Section 36-4-101, Tennessee recognizes these grounds:

• Irreconcilable differences (no-fault, requires agreement of both parties)
• Adultery
• Willful or malicious desertion for one year
• Conviction of a felony and sentence to confinement
• Bigamy
• Habitual drunkenness or drug abuse that began after marriage
• Cruel and inhuman treatment or unsafe cohabitation
• Indignities that render the spouse’s position intolerable
• Abandonment or refusal to move to Tennessee with the other spouse
• Attempted murder of the spouse
• Impotence at time of marriage
• Pregnancy of the wife by another person at the time of marriage without the husband’s knowledge

Filing Fees and Costs

The filing fee for a divorce in Tennessee ranges from approximately $250 to $300, depending on the county. Additional costs include service of process fees, parenting class fees (when children are involved), and mediation costs if ordered by the court. For a more complete estimate, use our divorce cost calculator.

Waiting Period

Tennessee imposes a mandatory waiting period that depends on whether the couple has minor children:

• 60 days if there are no minor children of the marriage
• 90 days if there are minor children

This waiting period runs from the date the divorce complaint is filed. The court will not finalize the divorce until the applicable period has elapsed, even if the parties have resolved all issues.

Property Division: Equitable Distribution

Tennessee follows the equitable distribution model under T.C.A. Section 36-4-121. The court divides only marital property — assets and debts acquired during the marriage. Separate property, which includes assets owned before the marriage, gifts, inheritions, and personal injury awards, generally remains with the original owner.

When dividing marital property, the court considers:

• Duration of the marriage
• Age, physical and mental health of each spouse
• Earning capacity and financial needs of each party
• Tangible and intangible contributions to the marriage, including homemaking
• Value of each spouse’s separate property
• Whether the marital home should be awarded to the custodial parent
• Tax consequences of the distribution
• Social Security benefits available to each spouse
• Any marital fault that contributed to the dissolution

Tennessee courts presume an equal division of marital property is equitable, though this presumption can be overcome by evidence that equal division would be inequitable.

Spousal Support (Alimony)

Tennessee recognizes four types of alimony under T.C.A. Section 36-5-121:

• Alimony in futuro (long-term support) — for spouses who cannot achieve a reasonable standard of living on their own, typically after long marriages
• Transitional alimony — to help a spouse adjust to the economic consequences of divorce
• Rehabilitative alimony — to support a spouse while they obtain education or training to become self-sufficient
• Alimony in solido (lump sum) — a fixed amount, often used to achieve an equitable property division

The court considers factors including each spouse’s earning capacity, education, age, physical and mental condition, need for further training, the standard of living during the marriage, and the relative fault of each party. Fault is a relevant factor in Tennessee alimony determinations, and a spouse found at fault may receive reduced support.

The Tennessee Divorce Process

1. Filing the Complaint — One spouse files a Complaint for Divorce with the chancery or circuit court and pays the filing fee. For an irreconcilable differences divorce, both parties may file a joint petition along with a marital dissolution agreement.
2. Serving the Other Spouse — The complaint is formally served on the other party, who has 30 days to file an answer.
3. Temporary Orders — Either party may request temporary orders for support, custody, and use of the marital home.
4. Mandatory Parenting Education — If minor children are involved, both parents must complete a court-approved parenting education course.
5. Discovery — Both parties exchange financial information, including income, assets, debts, and expenses.
6. Mediation — Tennessee courts frequently require mediation for contested custody and parenting issues.
7. Trial (if needed) — A judge resolves any issues the parties cannot settle.
8. Final Decree — After the 60- or 90-day waiting period and resolution of all issues, the court enters a Final Decree of Divorce.

For a broader understanding of the process, read our complete guide to divorce.

When to Consult an Attorney

Tennessee’s fault-based grounds, the role of fault in alimony and property decisions, and the distinction between different types of alimony create a system where legal guidance can significantly affect outcomes. If your case involves substantial assets, a business, disputed custody, or allegations of fault, an experienced Tennessee family law attorney is worth consulting. You can request a free consultation to learn more about your options.