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Jelly Roll Files Divorce in Williamson County TN: Surrogacy & Custody

Jelly Roll filed for divorce from Bunnie Xo in Williamson County, TN (May 9, 2026 separation). What Tennessee law says about surrogacy custody post-filing.

By Antonio G. Jimenez, Esq.Tennessee6 min read

Country superstar Jelly Roll filed for divorce from Bunnie Xo in Williamson County, Tennessee, citing irreconcilable differences with a May 9, 2026 separation date, according to Rolling Stone. Bunnie Xo called the split "not mutual" on her podcast but confirmed the couple will still pursue a surrogate baby. For Tennessee residents, this case shows that a divorce filing does not automatically resolve custody or support for a child conceived after separation.

Key Facts

DetailSummary
What happenedJelly Roll (Jason DeFord) filed for divorce from Bunnie Xo (Bunnie DeFord) after nearly 10 years of marriage
WhenFiling reported June 2026; stated separation date of May 9, 2026
WhereWilliamson County Chancery Court, Tennessee
Grounds citedIrreconcilable differences under Tenn. Code Ann. § 36-4-101
Who's affectedThe couple plus a child expected via surrogacy that both say they will co-parent
Practical impactRaises custody, support, and parentage questions for a child conceived after a divorce filing

Why this matters legally

A divorce filing in Tennessee does not end the parties' ability — or obligation — to plan for children, including one conceived through surrogacy after the separation date. Tennessee recognizes surrogacy arrangements, so a child born to Jelly Roll and Bunnie Xo through a surrogate can still be legally recognized as the child of both intended parents, even though the marriage is dissolving. This is the unusual feature of this case: most divorces divide an existing family, while this one contemplates expanding it during the proceeding.

The stated May 9, 2026 separation date matters in Tennessee because it can serve as a cutoff for classifying marital versus separate property under Tenn. Code Ann. § 36-4-121. Assets acquired and income earned before that date are generally marital; the separation date frames the financial snapshot the court will use. Bunnie Xo's statement that the split "was not mutual" has little legal effect — Tennessee does not require both spouses to agree that the marriage should end. One spouse's filing on irreconcilable-differences grounds is sufficient to move the case forward, though a contested case may proceed on fault grounds instead.

How Tennessee law handles this

Tennessee allows no-fault divorce on the ground of irreconcilable differences under Tenn. Code Ann. § 36-4-101, which is what Jelly Roll reportedly cited. For an irreconcilable-differences divorce to be granted, Tennessee generally requires either a signed marital dissolution agreement or, if contested, the case converts to litigation on other grounds. Williamson County — an affluent suburb south of Nashville where many country artists live — handles these cases through its Chancery Court.

On parentage, Tennessee recognizes surrogacy contracts and the concept of intended parents. Under Tenn. Code Ann. § 36-1-102, the statutory definition of "surrogate birth" contemplates that a child born to a surrogate can be legally established as the child of the contracting intended parents. If both Jelly Roll and Bunnie Xo remain the intended parents under a valid surrogacy agreement, a Tennessee court can recognize both as legal parents even after the divorce is final. That recognition then triggers the same custody and support framework applied to any Tennessee child.

For custody, Tennessee uses the term "parenting plan" and requires courts to decide based on the best interests of the child under Tenn. Code Ann. § 36-6-106. The statute lists factors including each parent's relationship with the child, stability of the home, and each parent's willingness to encourage a relationship with the other parent. A surrogate child born after the filing is still entitled to a parenting plan; the court cannot ignore the child simply because conception occurred during the divorce. Child support would follow the Tennessee Child Support Guidelines under Tenn. Code Ann. § 36-5-101, which use an income-shares model — meaning both parents' incomes are combined to set a support obligation proportional to each parent's earnings.

Because Jelly Roll's income as a chart-topping recording artist is substantial and variable, a Tennessee court calculating support would examine his gross income including music royalties, touring revenue, and endorsements. High-income cases can exceed the guideline schedule's upper limits, at which point Tennessee courts apply discretion to set support above the standard chart while still tying the figure to the child's reasonable needs and the parents' standard of living.

Practical takeaways

  1. Document your separation date. In Tennessee, the separation date frames the marital-versus-separate property line under Tenn. Code Ann. § 36-4-121. Jelly Roll's filing lists May 9, 2026 — writing down and preserving evidence of your own separation date protects your financial position.

  2. Understand that one spouse can file alone. Bunnie Xo said the divorce "was not mutual," but Tennessee does not require mutual agreement to start a divorce. If your spouse files on irreconcilable differences, the case proceeds whether or not you agree it should end.

  3. Address surrogacy and parentage in writing. If a child will be born via surrogacy during or after a divorce, a valid surrogacy agreement and a clear plan for legal parentage under Tenn. Code Ann. § 36-1-102 are essential to establish both parents' rights.

  4. Plan the parenting arrangement early. Tennessee requires a parenting plan for every child of divorcing parents under Tenn. Code Ann. § 36-6-106. Deciding residential schedule and decision-making before the child arrives reduces conflict later.

  5. Expect income-shares child support. Tennessee combines both parents' incomes under the guidelines in Tenn. Code Ann. § 36-5-101. For high or variable incomes, gather documentation of all revenue streams because courts may set support above the standard schedule.

If you are navigating a Tennessee divorce that involves children, surrogacy, or complex income, an experienced family law attorney in your county can explain how these statutes apply to your specific facts and help you build a parenting plan and financial strategy that fits your family. You can also explore our Tennessee divorce resources and calculators to understand what to expect before you file.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Can you get divorced in Tennessee while expecting a baby through surrogacy?

Yes. Tennessee has no rule barring divorce during a pending surrogacy. Under Tenn. Code Ann. § 36-1-102, surrogacy is recognized, so a child born via surrogate can be legally established as the child of both intended parents even after a 2026 divorce filing.

Does both spouses need to agree to divorce in Tennessee?

No. Tennessee allows one spouse to file on irreconcilable differences under Tenn. Code Ann. § 36-4-101. Bunnie Xo said the split "was not mutual," but under Tennessee law a single filing is legally sufficient to begin divorce proceedings without both spouses' consent.

How does Tennessee decide custody of a surrogate child after divorce?

Tennessee courts apply the best-interests standard under Tenn. Code Ann. § 36-6-106 and require a parenting plan. A child born via surrogacy after a divorce filing is still entitled to a parenting plan covering residential schedule and decision-making, just like any other child.

How is child support calculated for high earners in Tennessee?

Tennessee uses an income-shares model under Tenn. Code Ann. § 36-5-101, combining both parents' incomes. For high earners like recording artists, courts count royalties, touring, and endorsements and may set support above the standard guideline chart based on the child's needs.

Why does the separation date matter in a Tennessee divorce?

The separation date — May 9, 2026 in this filing — frames marital-versus-separate property under Tenn. Code Ann. § 36-4-121. Income and assets acquired before that date are generally marital, so the date sets the financial snapshot the court uses to divide property.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Tennessee divorce law