Divorce Checklist for Tennessee

Tennessee Code Annotated § 36-4-104 requires that at least one spouse has been a bona fide resident of Tennessee for a minimum of six consecutive months immediately before filing the divorce complaint. Military personnel stationed in Tennessee for at least one year are presumed residents under T.C.A. § 36-4-104(b), though this presumption can be overcome by clear and convincing evidence of domicile elsewhere. You must file in the correct county under T.C.A. § 36-4-105: either the county where you and your spouse last lived together, the county where the defendant resides if still in Tennessee, or the county where you reside if your spouse is a non-resident. Gather documentation proving your Tennessee residency for the required six-month period, including your driver's license, voter registration card, utility bills, lease agreements, or mortgage statements showing your Tennessee address. Failure to meet the residency requirement will result in the court dismissing your case for lack of jurisdiction.

Tennessee recognizes both no-fault and fault-based grounds for divorce under T.C.A. § 36-4-101. The no-fault ground is irreconcilable differences, which requires both spouses to agree on all issues including property division, child custody, and support. If you and your spouse cannot agree on every issue, you must file on fault-based grounds. Tennessee's 15 fault grounds under T.C.A. § 36-4-101(a) include adultery, habitual drunkenness or drug abuse, cruel and inhuman treatment, willful desertion for one year, conviction of a felony, bigamy, and inappropriate marital conduct. An irreconcilable differences divorce requires a signed Marital Dissolution Agreement and, if children are involved, a Permanent Parenting Plan before the court will grant the divorce under T.C.A. § 36-4-103. Choose your grounds carefully because fault-based grounds require proof at trial and are more costly to litigate.

Before filing, assemble all critical personal and financial documents you will need throughout the divorce process. Tennessee courts require comprehensive financial disclosure to ensure equitable division of marital property under T.C.A. § 36-4-121. Collect at least three years of federal and state income tax returns, recent pay stubs covering the last three months, bank statements for all accounts held individually or jointly, retirement account statements including 401(k), IRA, and pension documents, real estate deeds and mortgage statements, vehicle titles and loan documents, credit card statements, and insurance policies. You will also need your certified marriage certificate, birth certificates for any minor children, and any existing prenuptial or postnuptial agreements. Organizing these documents early prevents delays during discovery and helps your attorney or the court accurately assess the marital estate for property division and support calculations.

If you are experiencing domestic violence, create a safety plan before filing for divorce. The Tennessee Coalition to End Domestic & Sexual Violence operates a statewide hotline at 1-800-356-6767 and provides shelter referrals through their website at tncoalition.org. You may file for an Order of Protection under T.C.A. § 36-3-601 et seq. at any time, even before filing for divorce, at no cost to you. The Order of Protection can require your spouse to leave the marital home, grant you temporary custody of children, and prohibit contact. Under T.C.A. § 36-4-131(c), the court will not order mediation in domestic violence cases unless the victim agrees, the mediator is trained in domestic violence, and the victim may bring a support person including an attorney or advocate. Tennessee courts take domestic violence seriously when making custody determinations under T.C.A. § 36-6-406, which lists domestic abuse as a limiting factor that can restrict parenting time.

If you and your spouse agree on all terms of the divorce, you must prepare a written Marital Dissolution Agreement before filing under T.C.A. § 36-4-103. Tennessee Supreme Court Form 5 (Divorce Agreement / Marital Dissolution Agreement) is the official court-approved template available at tncourts.gov. The MDA must address division of all marital property and debts, spousal support (alimony) arrangements, and any other terms the parties agree upon. Both spouses must sign the MDA voluntarily before a notary public. Under T.C.A. § 36-4-103, no divorce on irreconcilable differences grounds will be granted unless the court finds that the parties have made adequate and sufficient provision for custody and maintenance of children and equitable settlement of property rights. If children are involved, you must also prepare a Permanent Parenting Plan. The MDA becomes part of the Final Decree of Divorce and is legally enforceable once the court approves it.

Prepare the Complaint for Divorce using Tennessee Supreme Court Form 1 (Complaint for Divorce), available at tncourts.gov/help-center/court-approved-divorce-forms. Under T.C.A. § 36-4-106, the complaint must identify both parties by full legal name, state the date and place of marriage, state the date of separation, identify the grounds for divorce as specified in T.C.A. § 36-4-101, and affirm that the residency requirement under T.C.A. § 36-4-104 has been met. The complaint must be verified — meaning signed under oath before a notary public as required by T.C.A. §§ 36-4-106 and 36-4-107. If you are filing on irreconcilable differences grounds, the complaint must state that both parties consent to the divorce and that irreconcilable differences exist with no reasonable prospect of reconciliation. Include a request for all relief sought, including property division, spousal support, child custody, and child support.

Tennessee law requires a mandatory mutual restraining order (statutory injunction) in every divorce case under T.C.A. § 36-4-106(d). This injunction automatically takes effect upon personal service of the complaint on the respondent and applies equally to both spouses until the divorce is finalized. The statutory injunction prohibits both parties from transferring, concealing, or dissipating marital property; canceling or modifying insurance policies covering either party or the children; harassing, threatening, or making disparaging remarks about the other spouse to children or employers; destroying electronic evidence or data on computer hard drives; and relocating children more than 50 miles from the marital home or out of state without consent or court order. Use Tennessee Supreme Court Form 7 (Restraining Order for Divorcing Spouses) which must be attached to and served with the complaint and summons. Violation of the statutory injunction constitutes contempt of court.

File the completed Complaint for Divorce, Civil Case Cover Sheet, Statutory Injunction (Form 7), and all supporting documents with the clerk of the Circuit Court or Chancery Court in your county. The filing fee in Tennessee is $125 for divorces without minor children and $200 for divorces with minor children, governed by T.C.A. § 8-21-401. An additional $25 post-judgment fee applies. If you cannot afford the filing fee, file a Uniform Civil Affidavit of Indigency requesting a fee waiver — the court may allow you to proceed without payment or defer payment until the end of the case. For uncontested divorces, file the Marital Dissolution Agreement (Form 5) and, if applicable, the Permanent Parenting Plan and Child Support Worksheet at the same time as the complaint. The clerk will stamp your documents with the filing date and assign a case docket number. Keep copies of all filed documents for your records.

After filing the complaint, the clerk will issue a Summons directing your spouse to respond to the divorce action. The Summons is the official court document that notifies your spouse of the lawsuit and informs them of the deadline to respond. Under Tennessee Rules of Civil Procedure Rule 4, the summons must include the name of the court, the names of the parties, the case number, the name and address of the plaintiff's attorney or the plaintiff if unrepresented, and the time within which the defendant must respond. Tennessee requires the respondent to file an answer within 30 days of service under Rule 12.01 of the Tennessee Rules of Civil Procedure. The Summons must be attached to the Complaint and the Statutory Injunction (Form 7) when served on your spouse. Obtain sufficient copies of the Summons for service — you will need the original for the court file and a copy for your spouse.

Tennessee law requires formal service of process to notify your spouse of the divorce action. You cannot serve the papers yourself. Under Tennessee Rules of Civil Procedure Rule 4, service may be accomplished by the county sheriff or deputy, a court-appointed private process server, or any person who is not a party to the case and is at least 18 years old. The server must deliver the Summons, Complaint for Divorce, and Statutory Injunction (Form 7) directly to your spouse. Alternatively, under T.C.A. § 36-4-103, your spouse may sign a notarized waiver and acceptance of service, which is valid for 180 days from the date of signing. If your spouse cannot be located after diligent efforts, you may petition the court for service by publication in a newspaper under T.C.A. § 21-1-204, though this method may cost $50 or more for publication fees. The statutory injunction takes effect upon personal service or waiver of service.

After proper service, your spouse has 30 days to file an Answer to the Complaint for Divorce under Tennessee Rules of Civil Procedure Rule 12.01. If your spouse files an Answer contesting any issues, the case becomes contested and will proceed through discovery, mediation, and potentially trial. If your spouse fails to file an Answer within 30 days, you may request entry of a default judgment under Rule 55 of the Tennessee Rules of Civil Procedure. In an irreconcilable differences case where both parties have signed the Marital Dissolution Agreement, your spouse may waive filing an Answer by executing the notarized waiver under T.C.A. § 36-4-103. During this waiting period, the mandatory cooling-off period under T.C.A. § 36-4-101(b) continues to run — 60 days if no minor children or 90 days if minor children are involved. Neither waiting period can be waived or shortened by the court.

If your divorce involves minor children, both parents must attend a parent education seminar as required by T.C.A. § 36-6-408. The seminar must be at least four hours in duration and covers topics including protecting children's emotional development during divorce, the legal process, alternative dispute resolution, marriage counseling resources, and common perpetrator attitudes involving domestic violence. Each parent attends separately — minor children are excluded from attending. The University of Tennessee Extension Office offers approved seminars in 65 counties across the state. Some counties accept online courses, though individual courts may require in-person attendance — verify with your local court before enrolling. Failure to complete the seminar may result in contempt of court sanctions including potential jail time under T.C.A. § 36-6-408, and the court will consider non-attendance as a factor when making custody and parenting time decisions.

In contested divorces, both parties engage in formal discovery to exchange financial and personal information relevant to property division, support, and custody under the Tennessee Rules of Civil Procedure Rules 26 through 37. Discovery methods include interrogatories (written questions answered under oath, typically due within 30 days), requests for production of documents, requests for admissions, depositions (oral testimony under oath recorded by a court reporter), and subpoenas for third-party records. Tennessee does not follow federal mandatory initial disclosure rules — you must use formal discovery tools to obtain information. Each party should prepare a comprehensive financial affidavit disclosing all income, assets, debts, and monthly expenses. The court relies on complete financial disclosure to divide marital property equitably under T.C.A. § 36-4-121. Failure to comply with discovery requests can result in sanctions, attorney fee awards, or even a default judgment under Rule 37.

Tennessee law requires mediation in all contested divorces under T.C.A. § 36-4-131(a). The court will order both parties to participate in mediation with a Rule 31 Listed Mediator certified by the Tennessee Supreme Court Alternative Dispute Resolution Commission before setting the case for trial. During mediation, a neutral third-party mediator helps both spouses negotiate agreements on disputed issues including property division, spousal support, child custody, and child support. The mediator does not make decisions or impose outcomes — the parties retain control over the final agreement. Mediation is waived under T.C.A. § 36-4-131(b) if the parties have already signed a Marital Dissolution Agreement resolving all issues, if either party cannot afford mediation costs, or for other sufficient cause. In domestic violence cases under T.C.A. § 36-4-131(c), mediation requires the victim's consent, a DV-trained mediator, and the victim may bring a support person. Video conference mediation is permitted when appropriate.

If your divorce involves minor children, Tennessee law requires a Permanent Parenting Plan to be filed and approved by the court under T.C.A. § 36-6-404. The parenting plan must designate a primary residential parent, establish a detailed parenting schedule including holidays, vacations, and school breaks, allocate decision-making authority for education, healthcare, religious upbringing, and extracurricular activities, and include a dispute resolution process for future disagreements. Under T.C.A. § 36-6-404(c)(3), the proposed Permanent Parenting Plan must generally be filed at least 45 days before the trial date in contested cases. In uncontested cases, both parents sign the agreed parenting plan before a notary and file it with the Marital Dissolution Agreement. The court reviews the parenting plan under the best interest of the child standard in T.C.A. § 36-6-106, considering 15 statutory factors. Tennessee uses the Income Shares Model for child support calculations under T.C.A. § 36-5-101.

After the mandatory waiting period expires — 60 days without minor children or 90 days with minor children under T.C.A. § 36-4-101(b) — and all issues are resolved, request a final hearing date from the court. Prepare Tennessee Supreme Court Form 6 (Final Decree of Divorce) for the judge's signature. You must also obtain and complete the Certificate of Divorce or Annulment (vital records form VS-215) from the clerk's office before the hearing — do not use a copy. At the hearing, the filing spouse must appear and testify that the facts in the complaint are true, that all agreements are entered voluntarily, and that adequate provisions have been made for children and property. The judge will review the Marital Dissolution Agreement and Parenting Plan to ensure fairness under T.C.A. § 36-4-103. If the judge approves, the Final Decree of Divorce is signed and your marriage is legally dissolved. An additional $25 post-judgment fee applies.