Tennessee Code Annotated Title 36, Chapter 4 - Dissolution of Marriage

Tennessee recognizes both fault and no-fault grounds for divorce. The 15 statutory grounds include irreconcilable differences (no-fault), adultery, habitual drunkenness or drug abuse contracted after marriage, inappropriate marital conduct (cruel and inhuman treatment), desertion for one year, conviction of a felony with imprisonment, impotence, bigamy, abandonment, and pregnancy by another person unknown to the husband at the time of marriage. The no-fault ground of irreconcilable differences is the most commonly used.

Effective: 2024

At least one spouse must have been a bona fide resident of Tennessee for at least 6 months immediately before filing for divorce. If the grounds for divorce occurred outside the state, the filing spouse must have been a Tennessee resident for at least 6 months. Military members stationed in Tennessee for at least 1 year are presumed residents unless domicile elsewhere is proven by clear and convincing evidence.

Effective: 2024

As an alternative to divorce, a spouse may file for legal separation on the same grounds available for divorce. Legal separation does not dissolve the marriage but allows the parties to stop living together while the court addresses custody, support, and property issues. If a legal separation has been in effect for more than 2 years, either party may petition to convert it into an absolute divorce.

Effective: 2024

The parties in a divorce or legal separation action may stipulate (agree) to the grounds and defenses. Upon stipulation or proof of any ground, the court may grant the divorce to the party less at fault, or if both parties are entitled, declare the divorce accordingly. This allows couples to avoid a contested trial over fault.

Effective: 2024

Tennessee is an equitable distribution state. The court must divide marital property fairly (not necessarily equally) without regard to marital fault, based on statutory factors. Property is first classified as marital (acquired during the marriage) or separate (owned before marriage, gifts, inheritances). Separate property can become marital through commingling or transmutation. The court considers factors including each spouse's age, health, earning capacity, contributions to the marriage (including homemaking), duration of the marriage, tax consequences, dissipation of assets, and the value of separate property.

Effective: 2024

Marital property includes all real and personal property acquired by either or both spouses during the marriage up to the date of the final divorce hearing. Separate property includes assets owned before the marriage, property acquired by gift, bequest, devise, or descent, and income from or appreciation of separate property. Social Security benefits are excluded from marital property. The court must make specific findings on the classification of each disputed asset.

Effective: 2024

The court may award the family home and household effects, or the right to live in the home for a reasonable period, to either party. The court must give special consideration to the spouse who has primary physical custody of the minor children. The court may also impose a lien on marital real property to secure spousal support payments or property division obligations.

Effective: 2024

If distributing a direct interest in a business, corporation, or profession would be contrary to law, the court may make a distributive award of money or other property to achieve equity. The court may also use distributive awards to supplement or facilitate the division of marital property when a direct split is impractical.

Effective: 2024

All custody determinations in Tennessee are based on the best interest of the child. The court must order a custody arrangement that permits both parents maximum participation in the child's life. The statute lists 15 factors the court must consider, including each parent's relationship with the child, parenting responsibilities, emotional ties, the child's developmental needs, each parent's moral and physical fitness, the child's home and community ties, evidence of domestic violence or abuse, and the reasonable preference of a child age 12 or older. Gender of the parent may not be a factor.

Effective: 2024

When both parents agree to joint custody or agree in open court, there is a legal presumption that joint custody is in the child's best interest. This presumption can only be overcome by clear and convincing evidence to the contrary. The statute also affirms that gender may not create any presumption of parental fitness. Modification of custody requires a material change in circumstances.

Effective: 2024

Every final divorce or legal separation decree involving minor children must include a permanent parenting plan. The plan must address each parent's authority and responsibilities, provide for the child's changing needs as they grow, minimize exposure to parental conflict, and include a dispute resolution process. If parents cannot agree, the court may order mediation. Each parent must file a proposed plan at least 45 days before trial, along with a verified income statement and a statement that the plan is in the child's best interest.

Effective: 2024

A parent who wishes to move outside Tennessee or more than 50 miles from the other parent must send certified written notice at least 60 days before the move. If the non-relocating parent objects within 30 days, the relocating parent must petition the court for approval. The court decides relocation based on the child's best interest, considering 8 factors including the child's relationships, developmental needs, feasibility of maintaining the other parent's involvement, the child's preference (if 12 or older), and whether the move will improve quality of life.

Effective: 2024

Grandparents may petition for visitation when a parent has died, the parents are divorced or separated, or the child lived with the grandparent for 12 or more months. The court must first find a danger of substantial harm to the child from the loss of the grandparent relationship. If that threshold is met, the court considers best interest factors under §36-6-307, including the length and quality of the grandparent-child relationship, emotional ties, the child's preference, and whether visitation would interfere with the parent-child relationship.

Effective: 2024

Tennessee recognizes 4 types of alimony: rehabilitative (short-term to gain skills for self-sufficiency), transitional (adjustment period after divorce, not modifiable), alimony in futuro (long-term or permanent when rehabilitation is not feasible), and alimony in solido (lump-sum, not modifiable). The legislature declares that homemaking contributions are of equal dignity to economic contributions. The court considers 12 statutory factors including relative earning capacity, education, marriage duration, age, physical and mental condition, standard of living during marriage, contributions to the other spouse's earning power, and relative fault. The two most important factors are the disadvantaged spouse's need and the other spouse's ability to pay.

Effective: 2024

Tennessee uses the Income Shares model for child support, established in administrative rules (Chapter 1240-02-04). Both parents' incomes are combined to determine the total support obligation, then each parent's share is calculated proportionally. The court may consider the first $10,000 of monthly income per parent; above that amount, the requesting parent must prove additional support is reasonably necessary. The minimum child support order is $100 per month. Orders may be modified upon a showing of a significant variance of at least 15% between the current order and the guideline amount.

Effective: 2024

Courts may enforce support orders through contempt proceedings, income assignment orders, bonds or surety requirements, and interception of federal tax refunds. The Tennessee Department of Human Services may issue administrative income assignment orders against wages for child or spousal support arrearages. A prevailing party in an enforcement action may recover reasonable attorney's fees from the non-compliant party.

Effective: 2024

Rehabilitative alimony and alimony in futuro may be modified upon a showing of a substantial and material change in circumstances. Alimony in futuro terminates upon the death of either party or the remarriage of the recipient. Alimony in solido is not modifiable except by agreement of both parties. Transitional alimony is not modifiable unless the original order or agreement specifically provides for modification.

Effective: 2024

For an uncontested divorce on irreconcilable differences, the parties must sign a notarized Marital Dissolution Agreement (MDA) covering custody, child support, and property division. The defendant's signature waives service of process for 180 days and constitutes a general court appearance. The court must affirmatively find the agreement makes adequate provision for children and equitable property settlement. No corroborative testimony is required. If a properly executed MDA and parenting plan are filed, mediation requirements are waived.

Effective: 2024

A divorce complaint must be on file for at least 60 days before a hearing can be held if the couple has no minor children under 18. If the couple has minor children, the complaint must be on file for at least 90 days. The waiting period begins on the date the original complaint is filed, even if the complaint is later amended to add irreconcilable differences as a ground.

Effective: 2024

Upon filing a divorce petition, automatic temporary injunctions take effect against both parties. These injunctions prohibit transferring, hiding, or dissipating marital property; harassing the other spouse; and removing minor children from the state without consent or court order. The injunctions remain in effect until the final decree is entered, the petition is dismissed, the parties reach agreement, or the court orders otherwise. The injunctions must be served on the respondent along with the complaint.

Effective: 2024

The divorce complaint must be a sworn pleading — the petitioner must sign it before a notary public. This requirement ensures the factual allegations in the complaint are made under oath. The complaint must state the grounds for divorce and affirm that residency requirements are met.

Effective: 2024

In contested divorce cases, either party has the right to demand a jury trial on disputed factual issues such as the grounds for divorce. The jury determines whether the grounds have been proven but does not decide custody, support, or property division — those remain within the judge's authority. A party may also petition for a new trial under standard Tennessee procedural rules.

Effective: 2024

Tennessee's Domestic Abuse Act allows victims of domestic violence, sexual assault, or stalking to obtain protective orders. Eligible petitioners include current or former spouses, cohabitants, dating partners, and family members related by blood or adoption. An ex parte (emergency) order can be issued immediately upon a showing of immediate danger. Extended orders of protection can last up to 1 year, with extensions of up to 5 years for a first violation and 10 years for subsequent violations. The court may also order care and custody of pets to protect them from the abuser.

Effective: 2024

Prenuptial agreements are enforceable if entered into freely, knowledgeably, and in good faith without duress or undue influence. Both parties must make full and fair disclosure of their assets and debts. The agreement may address property rights and spousal support, but it cannot predetermine child custody or child support — those are decided by the court at the time of divorce. If a prenuptial agreement waiving alimony would leave one spouse as a public charge, the court may refuse to enforce that provision.

Effective: 2024

Tennessee Supreme Court Rule 53 (effective April 4, 2019) establishes a formal framework for collaborative divorce. In collaborative law, each party retains a specially trained attorney and all parties agree to negotiate a settlement without going to court. If the process breaks down and litigation is necessary, both collaborative attorneys must withdraw — they are disqualified from representing their clients in court proceedings related to the matter. Communications during collaborative proceedings are privileged and inadmissible.

Effective: 2019

Retirement benefits, pension plans, IRAs, 401(k)s, 403(b)s, 457 plans, and other tax-qualified accounts acquired during the marriage are considered marital property subject to equitable division. The court may divide these assets directly or make a distributive award of other property to offset the value. Once a lump sum retirement award has been divided as marital property, only the investment income generated by that award — not the principal — is counted as income for alimony or child support purposes.

Effective: 2024

The court may annul marriages that are void (invalid from the start) or voidable (valid but subject to annulment). Void marriages include those involving bigamy or prohibited degrees of kinship (closer than first cousins). Voidable marriages include those obtained through fraud, duress, incurable impotence, or where one party was underage without parental consent. Annulment petitions must be filed promptly after discovering the ground — waiting too long may require seeking a divorce instead.

Effective: 2024

A spouse may request restoration of a former name (such as a maiden name) as part of the divorce proceedings. The request can be included in the original complaint or the respondent's answer. The name change is incorporated into the final divorce decree. If a party does not request it at the time of divorce, a separate post-divorce petition may be filed. The divorce decree serves as the legal document for updating identification records such as a Social Security card and driver's license.

Effective: 2024