What are the residency requirements for filing for divorce in Tennessee?

You must be a bona fide resident of Tennessee for at least six months before filing if the grounds for divorce arose outside the state. If the acts forming the basis of the divorce occurred while you were a Tennessee resident, the residency requirement may be satisfied without a six-month waiting period.

How long does a divorce take in Tennessee?

Tennessee has a mandatory waiting period of 60 days for couples without minor children and 90 days for couples with minor children, measured from the date of filing. Contested divorces can take six months to over a year depending on the complexity of the case and court scheduling.

Can I file for divorce in Tennessee without stating a reason?

Yes, Tennessee allows no-fault divorce on the ground of irreconcilable differences. Both parties must generally agree to this ground, and a marital dissolution agreement is typically required. Alternatively, if you have lived apart for two or more years, either spouse may file without the other's consent.

How is property divided in a Tennessee divorce?

Tennessee follows equitable distribution, meaning the court divides marital property fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's earning capacity, contributions to the marriage, and the economic circumstances of each party.

How much does it cost to file for divorce in Tennessee?

Filing fees in Tennessee generally range from $200 to $400 depending on the county. Additional costs may include attorney fees, mediation expenses, and other court-related charges. It is recommended to verify the current fee with your local court clerk.

How is child custody determined in a Tennessee divorce?

Tennessee courts determine custody based on the best interests of the child. Both parents must submit a permanent parenting plan that outlines residential schedules, decision-making responsibilities, and other arrangements. If parents cannot agree, the court will create a plan after considering factors such as each parent's relationship with the child and any history of abuse.

What types of alimony are available in Tennessee?

Tennessee recognizes four types of alimony: alimony in futuro (long-term periodic support), transitional alimony (short-term adjustment support), rehabilitative alimony (support while obtaining education or training), and alimony in solido (a fixed lump-sum amount). The type awarded depends on factors like the length of the marriage and each spouse's financial situation.

Does fault affect the outcome of a Tennessee divorce?

Yes, fault can influence certain aspects of a Tennessee divorce. While it is not required to file on fault-based grounds, proving fault such as adultery or cruel treatment can impact the court's decisions on property division and spousal support. The court considers relative fault as one of several factors in determining equitable outcomes.

Divorce in Tennessee: A Complete Guide

Introduction

Filing for divorce is one of the most consequential legal decisions a person can make, and understanding the laws specific to your state is the essential first step. Tennessee has its own unique set of statutes governing the dissolution of marriage, from the grounds you can cite in your petition to how property is divided and how child custody is determined. Whether you are contemplating divorce, have already been served with papers, or simply want to educate yourself about the process, this guide provides a comprehensive overview of divorce in Tennessee.

This guide covers the major topics you need to understand — including grounds for divorce, residency requirements, property division, child custody, spousal support, the filing process, and expected timelines and costs. While it is not a substitute for personalized legal advice from a licensed Tennessee attorney, it will give you a solid foundation to navigate the process with greater confidence.

Grounds for Divorce in Tennessee

Tennessee recognizes 15 statutory grounds for divorce under Tennessee Code Annotated (T.C.A.) §36-4-101. These grounds are divided into two broad categories: no-fault and fault-based.

No-Fault Grounds

Tennessee provides two no-fault options for couples seeking to end their marriage:

Irreconcilable differences — This is the most commonly used ground. Both spouses essentially agree that the marriage is broken beyond repair, and neither party is required to prove that the other did something wrong. If there are disputes over property, custody, or support, the court may require additional proceedings, but the ground itself does not assign blame. To file on this ground, both parties must typically sign a marital dissolution agreement or otherwise consent to the divorce.
Living apart without cohabitation for two or more years — If the spouses have lived separately and apart without cohabiting for at least two consecutive years, either party may file for divorce on this ground. There is no requirement for mutual consent under this ground, and it does not require proof of fault.

Fault-Based Grounds

In addition to the no-fault options, Tennessee law permits divorce based on a variety of fault-based grounds, including but not limited to:

Adultery
Desertion for one year or more
Conviction of a felony and sentencing to imprisonment
Attempted murder of the other spouse
Refusal to move to Tennessee with the other spouse and absence from the state for two years
Habitual drunkenness or drug abuse that began after marriage
Cruel and inhuman treatment or unsafe and improper marital conduct
Bigamy
Impotence or sterility at the time of marriage
Abandonment or neglect
Indignities that render the other spouse's position intolerable

Filing on fault-based grounds can be more complex and often involves presenting evidence at trial. However, proving fault can sometimes affect the outcome of property division and spousal support determinations, giving one party a strategic advantage. Consulting with an attorney is strongly recommended if you are considering a fault-based filing.

Residency Requirements

Before a Tennessee court can grant a divorce, specific residency requirements must be met. Under T.C.A. §36-4-104(a), a divorce may be granted if the acts forming the basis of the complaint occurred while the plaintiff was a resident of Tennessee, or if the plaintiff has been a bona fide resident of Tennessee for at least six months before filing the complaint.

If the grounds for divorce arose outside of Tennessee, the filing spouse must have lived in the state for at least six months prior to filing. If the acts or circumstances that led to the divorce occurred in Tennessee, the residency requirement may be satisfied even with a shorter period of domicile, as long as one party is a current resident.

The divorce petition must be filed in the county where the defendant resides. If the defendant is a non-resident of Tennessee or their whereabouts are unknown, the petition may be filed in the county where the plaintiff resides.

Property Division

Tennessee is an equitable distribution state. Under T.C.A. §36-4-121, the court must equitably divide, distribute, or assign marital property between the spouses. It is important to understand that "equitable" does not necessarily mean "equal" — it means fair, based on the circumstances of the case.

Marital vs. Separate Property

The court first classifies all property as either marital or separate:

Marital property includes all real and personal property acquired by either or both spouses during the marriage, regardless of whose name is on the title. It also includes the increase in value of separate property if the increase was due to the efforts of either spouse.
Separate property includes property owned before the marriage, property received as a gift or inheritance during the marriage (as long as it was not commingled), and property excluded by a valid prenuptial or postnuptial agreement.

Factors the Court Considers

When dividing marital property, the court considers numerous factors, including:

The duration of the marriage
Each spouse's age, physical and mental health
Each spouse's earning capacity and financial needs
The tangible and intangible contributions of each spouse to the marriage, including homemaking and child-rearing
The value of each spouse's separate property
The economic circumstances of each spouse at the time of division
Tax consequences of the division
Whether one spouse dissipated (wasted) marital assets
The relative fault of the parties, if applicable

Debts incurred during the marriage are also subject to equitable division.

Child Custody and Parenting Plans

When a divorcing couple has minor children, custody is one of the most critical issues the court must resolve. Tennessee uses the best interests of the child standard to make custody determinations.

Types of Custody

Tennessee law recognizes both legal custody (the right to make major decisions about the child's education, health care, and welfare) and physical custody (where the child primarily resides). Custody may be awarded jointly or solely to one parent.

Parenting Plans

Tennessee requires all divorcing parents to submit a permanent parenting plan under T.C.A. §36-6-404. This plan must detail:

The residential schedule for the child with each parent
Decision-making responsibilities
How disputes will be resolved
Transportation arrangements
Holiday and vacation schedules

If parents cannot agree on a plan, the court will create one based on the child's best interests. Factors the court examines include each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence or abuse.

Child Support

Tennessee uses the Income Shares Model to calculate child support, which considers both parents' gross incomes along with the number of days each parent has residential custody. The Tennessee Child Support Guidelines provide a formula and worksheet used to determine the appropriate amount. Additional expenses such as health insurance, childcare, and extraordinary medical or educational costs may be factored in.

Spousal Support (Alimony)

Tennessee courts may award spousal support, commonly known as alimony, to either spouse based on the circumstances of the case. Under T.C.A. §36-5-121, the court considers several factors when determining whether to award alimony and in what amount:

The earning capacity and financial resources of each spouse
The education and training of each spouse, and the time needed for the disadvantaged spouse to obtain sufficient education or training
The duration of the marriage
The age, physical condition, and mental health of each spouse
The standard of living established during the marriage
The contributions of each spouse, including homemaking
The relative fault of the parties
The tax consequences of the award

Types of Alimony

Tennessee recognizes several types of alimony:

Alimony in futuro (long-term support) — Ongoing periodic payments, typically awarded in long-term marriages where the disadvantaged spouse cannot become self-sufficient.
Transitional alimony — Awarded to help a spouse adjust to the economic transition of divorce, often for a set period of time.
Rehabilitative alimony — Designed to support a spouse while they obtain education, training, or work experience needed to become self-supporting.
Alimony in solido (lump-sum alimony) — A fixed amount, either paid at once or in installments, that cannot be modified once ordered.

Filing Process

Here is a general step-by-step overview of the divorce filing process in Tennessee:

Step 1: Prepare and File the Complaint

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce in the appropriate circuit or chancery court. The complaint must state the grounds for divorce, identify any children, and outline the relief sought (property division, custody, support, etc.).

Step 2: Serve the Other Spouse

After filing, the other spouse (the defendant) must be formally served with the complaint and a summons. Service can be accomplished through a sheriff, a private process server, or in some cases by certified mail. If the defendant's location is unknown, the court may authorize service by publication.

Step 3: Response

The defendant typically has 30 days to file an answer or counter-complaint. If the defendant fails to respond, the court may enter a default judgment.

Step 4: Discovery and Negotiation

Both parties exchange financial information and other relevant documents through the discovery process. Many cases are resolved through negotiation, mediation, or collaborative law without going to trial. Tennessee courts strongly encourage mediation, especially when children are involved.

Step 5: Trial or Settlement

If the parties reach an agreement, they submit a Marital Dissolution Agreement and, if applicable, a Permanent Parenting Plan to the court for approval. If no agreement is reached, the case proceeds to trial, where the judge makes the final decisions on all contested issues.

Step 6: Final Decree

Once all issues are resolved — either by agreement or judicial decision — the court enters a Final Decree of Divorce, officially ending the marriage.

Timeline and Costs

Mandatory Waiting Period

Tennessee imposes a mandatory waiting period between the filing of the complaint and the granting of the divorce under T.C.A. §36-4-101(b):

60 days if the couple has no minor children
90 days if the couple has minor children

These are minimum timeframes. Contested divorces can take significantly longer — often six months to a year or more — depending on the complexity of the issues and the court's docket.

Costs

Filing fee: Approximately $200–$400, depending on the county. Fees vary by jurisdiction, so it is advisable to verify with your local circuit or chancery court clerk. (Fees noted as of February 2026.)
Attorney fees: These vary widely based on the complexity of the case, whether the divorce is contested, and the attorney's experience. Uncontested divorces typically cost less than contested ones.
Mediation costs: If mediation is required or elected, this is an additional expense, often shared between the parties.
Additional costs: Court reporter fees, expert witness fees, parenting class fees, and document preparation costs may also apply.

Conclusion

Divorce in Tennessee involves a structured legal process governed by detailed state statutes. Whether you pursue a no-fault divorce based on irreconcilable differences or file on fault-based grounds, understanding the residency requirements, property division rules, custody standards, and spousal support options will help you prepare for what lies ahead. Each case is unique, and the outcomes depend on the specific facts and circumstances involved.

Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws are subject to change, and the information presented here may not reflect the most current legal developments. Every situation is different, and the outcome of any divorce case depends on the specific facts involved. You should consult with a qualified Tennessee family law attorney to obtain advice tailored to your individual circumstances. Neither the author nor the publisher assumes any liability for actions taken based on the information contained in this guide.