Divorce Resources in Tennessee

To file for divorce in Tennessee, you must meet the residency requirement under T.C.A. § 36-4-104: at least one spouse must have resided in the state for six consecutive months before filing. File your Verified Complaint for Divorce, Marital Dissolution Agreement, and proposed Final Decree with the Circuit or Chancery Court clerk in the county where you last lived together, where the defendant resides, or where you reside if the defendant lives out of state, per T.C.A. § 36-4-105. The statutory filing fee is $125 for divorces without minor children and $200 for divorces with minor children under T.C.A. § 8-21-401. Additional county litigation taxes and service fees apply, typically bringing the total courthouse cost to $250–$400 depending on the county.

Tennessee recognizes both fault-based and no-fault grounds for divorce. The most common no-fault ground is irreconcilable differences under T.C.A. § 36-4-103, which requires a complete written settlement of all issues including property division, alimony, and child custody before the court will grant the divorce. If minor children are involved, you must also file a Permanent Parenting Plan and Child Support Worksheet as required by T.C.A. § 36-6-404. The mandatory waiting period is 60 days for divorces without minor children and 90 days for divorces with minor children, measured from the date the complaint is filed. The court cannot schedule a final hearing until the applicable waiting period has elapsed.

After filing, you must serve the other spouse with copies of all filed documents. Service may be accomplished through the county sheriff, a private process server, or by certified mail. If you cannot afford filing fees, file the Uniform Civil Affidavit of Indigency under Tennessee Supreme Court Rule 29 and T.C.A. § 20-12-127, which allows you to proceed without paying fees upfront. A person meeting the Legal Services Corporation poverty guidelines is presumed indigent. Both parties must attend the final hearing, where the judge will review and approve the settlement agreement, confirm residency requirements, and enter the Final Decree of Divorce. If minor children are involved, both parents must also complete a four-hour parent education seminar under T.C.A. § 36-6-408 as soon as possible after filing.

Tennessee requires both parents to attend a four-hour parent education seminar in any divorce or custody action involving minor children, as mandated by T.C.A. § 36-6-408. Each parent must attend as soon as possible after the complaint is filed. The seminar must be educational in nature, covering topics including the impact of divorce on children, adverse childhood experiences (a mandatory 30-minute ACE video component), alternative dispute resolution, and domestic violence awareness. Children are not permitted to attend.

The court may waive this requirement upon motion by either party and a showing of good cause. While the court cannot deny the divorce solely for failure to attend under T.C.A. § 36-6-408(d), non-attendance may be considered evidence of a lack of good faith in custody proceedings under T.C.A. § 36-6-404(b)(4) and T.C.A. § 36-6-106, and a parent who fails to attend may be held in contempt. Seminar fees are borne by the parties but may be waived for indigent persons. Approved providers are listed at tncourts.gov.

Tennessee generally requires mediation in all divorce and separate maintenance proceedings under T.C.A. § 36-4-131(a). The court shall order the parties to participate in mediation with a Rule 31 certified mediator before proceeding to trial. Mediation must be completed and a report provided to the court within 180 days of the complaint filing date.

The court may waive mediation under T.C.A. § 36-4-131(b) when: (1) either party cannot afford the cost; (2) the parties have already executed a marital dissolution agreement resolving all issues; (3) the parties have participated in a court-supervised settlement conference; (4) the court finds mediation would likely result in impasse; or (5) other sufficient cause. In cases involving an order of protection or a finding of domestic abuse, mediation may proceed only if the victim agrees, a DV-trained mediator is used, and the victim may have a support person present. Financial assistance is available through the Parent Education & Mediation Fund. More information is available at tncourts.gov/programs/mediation.

Tennessee does not require automatic mandatory financial affidavits in every divorce case. Under T.C.A. § 36-4-116(b), the court may require a sworn statement regarding finances from any party. However, both spouses have a broad legal obligation to fully disclose all financial information, including income, assets, liabilities, and expenses, during the divorce process.

Upon filing a complaint for divorce, automatic temporary injunctions take effect under T.C.A. § 36-4-106(d), restraining both parties from transferring, concealing, or dissipating marital property without consent or court order. Tennessee is an equitable distribution state, and the court must have a complete financial picture to divide marital property fairly. Failure to disclose assets can result in perjury charges and adverse property division rulings. In contested cases, discovery tools including subpoenas, depositions, and requests for production are available to compel financial disclosure.