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Tennessee Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 2, 2024

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Navigating through a Tennessee divorce demands an intimate grasp of the state's legal parameters. As such, arming oneself with the correct knowledge is paramount, whether you're mulling over the idea or are already on the path to separation. This guide serves as your compass, detailing every nuance of the Tennessee divorce process. This Tennessee divorce guide covers:

How do you file for divorce in Tennessee? 

Initiating a divorce in Tennessee involves a series of legal steps to guarantee the proper handling of the case:

  1. Documentation: The journey commences when one spouse, known as the plaintiff, submits a "Complaint for Divorce" to their county's Chancery or Circuit Court.
  2. Appropriate Venue: The chosen venue for filing must correspond with the county where either spouse resides.
  3. Serving Papers: After filing, the defendant, or the other spouse, must be formally apprised of the divorce action, typically through a process server or sheriff.
  4. Response: The defendant has 30 days from the date of service to provide an answer to the complaint.
  5. Preliminary Injunction: This is a standard order issued in Tennessee, which restricts both parties from certain actions, like significant financial transactions or relocating children out-of-state, during the divorce proceedings.
  6. Resolution Avenues: Before any trial, couples are usually encouraged or mandated to attempt mediation to resolve disputes, potentially avoiding a prolonged court process.
  7. Finalizing: Upon reaching an agreement, or after a trial, the judge finalizes the divorce, officially dissolving the marriage.

What are the residency requirements for a Tennessee divorce?

Tennessee law mandates specific residency requirements to ensure its courts hold jurisdiction over divorce cases taking place within the state:

  1. Established Residency: A foundational requirement is that one of the spouses must have been a resident of Tennessee for at least six months prior to the filing of the divorce. This stipulation is crucial as it establishes the legal grounds for processing the divorce in Tennessee’s legal system.
  2. Military Considerations: For individuals who serve in the military, Tennessee law has unique provisions. If military personnel are stationed within Tennessee, they are deemed residents after being stationed in the state for a continuous period of at least one year. This is applicable even if they did not initially have plans to permanently reside in Tennessee. This provision ensures that military members have accessible options for filing for divorce even if their military duties have them moving frequently.

What are the grounds for divorce in Tennessee?

Tennessee’s divorce laws are unique in that they recognize both fault and no-fault grounds for divorce, offering flexibility in how couples may choose to file:

  1. No-Fault Grounds: The no-fault grounds for divorce in Tennessee primarily revolve around irreconcilable differences between the spouses. In cases where both parties acknowledge that they have significant, unresolvable disputes or differences that prevent them from maintaining a harmonious marital relationship, they may pursue a no-fault divorce. This option allows for a potentially smoother process as neither party has to prove the other's misconduct.
  2. Fault Grounds: In situations where one party is at fault for the deterioration of the marriage, Tennessee law allows for fault-based divorce filings. These grounds include but are not limited to:
    • Adultery: One spouse engaging in extramarital affairs.
    • Desertion: One spouse abandoning the other for a specified period without reasonable cause.
    • Cruelty: Infliction of emotional or physical pain by one spouse onto the other.
    • Imprisonment: If a spouse is convicted and sentenced to incarceration.
    • Substance Abuse: Persistent alcohol or drug abuse that adversely affects the marriage.
    • Insanity or Mental Incapacity: If one spouse is legally declared insane or is unable to mentally comprehend or participate in the marriage, it can be grounds for a fault-based divorce. These fault grounds require the filing spouse to provide adequate proof of the alleged misconduct, and they often result in a more complicated and contested divorce process.

How to get a quick divorce in Tennessee

Embarking on the path of divorce is multifaceted, encompassing both emotional and legal dimensions. However, there are strategies and conditions under which the process can be hastened in Tennessee:

  1. Uncontested Divorce: Often regarded as the fastest and least adversarial route to divorce in Tennessee, an uncontested divorce happens when both spouses agree on all matters pertaining to the dissolution of their marriage. This mutual agreement spans everything from property and asset division to child custody arrangements, alimony, and debt allocation. Bypassing the need for courtroom disputes, the primary focus here is ensuring all paperwork is correctly filed.
  2. Mandatory Waiting Period: Tennessee law sets a specific waiting period post-filing. For couples without minor children, the waiting period stands at 60 days. However, for those with minor children, this period extends to 90 days. This is designed as a reflection period, possibly allowing couples a window for reconciliation.
  3. Efficient Paperwork: The timely progression of a divorce also hinges on the efficiency and accuracy of the documentation. Meticulously completed and promptly filed paperwork avoids back-and-forths, ensuring no unnecessary delays occur.
  4. Utilizing Mediation: When disputes are on the horizon, mediation emerges as a viable solution. Often less time-consuming and confrontational than court trials, mediation can streamline settlements, especially when both parties are open to dialogue and compromise.

Does Tennessee require separation before divorce?

The path to divorce in Tennessee involves specific considerations around separation:

  1. Separation Requirement: Unlike some states, Tennessee has a pronounced stance on separation as a ground for divorce. Specifically, for couples to claim separation as a basis for a no-fault divorce, they must have lived separately, without any form of marital cohabitation, for at least two continuous years.
  2. Waiting Period: Separate from the separation clause, once the divorce is filed, Tennessee mandates a reflective waiting period. This spans 60 days for those without minor children and 90 days for couples with minor children in tow. This interval provides an opportunity for possible reconciliation or, at the very least, adequate mental preparation for the final dissolution.

What is the cost of a Tennessee divorce?

The journey of divorce isn't just an emotional voyage; it carries financial implications too. In Tennessee, the costs associated with divorce can oscillate based on a myriad of factors:

  1. Court Filing Fees: A consistent cost across all divorces, these fees are mandatory. They are essentially administrative charges for processing the divorce documentation in the legal system.
  2. Attorney Fees: Professional legal representation can be a significant cost factor, particularly in intricate or contested divorce scenarios. The duration of the divorce, complexity of the issues at stake, and the lawyer's experience and reputation can all impact these fees.
  3. Mediation Costs: When couples gravitate towards mediation for resolving their differences, they incur fees associated with hiring a mediator. While it might introduce an additional cost, mediation can often be less expensive in the long run compared to protracted court trials.
  4. Expert Consultations: Some divorces require the lens of specialists. This could range from financial experts dissecting intricate assets, real estate evaluators assessing property values, to child therapists or counselors weighing in on custody matters. Each expert introduces their own fees, adding to the overall cost.

How long does a Tennessee divorce take?

The duration of the divorce process in Tennessee is influenced by multiple aspects:

  1. Mandatory Waiting Period: As a foundational regulation, Tennessee mandates a waiting period post the initial filing. For couples who don't have minor children, this period is set at 60 days. However, for those with children, this extends to 90 days, providing a reflective window to potentially reconsider or prepare for the next steps.
  2. Nature of Divorce: The type of divorce significantly impacts its timeline:
    • Uncontested Divorce: Such divorces, where both parties have concurred on all matters, tend to resolve faster. They could conclude shortly after the stipulated waiting period.
    • Contested Divorce: These are cases where disputes emerge, whether around asset distribution, child custody, alimony, or other factors. These disagreements necessitate more extended court procedures or mediation, elongating the process. Some contested divorces can last several months to over a year, depending on the intricacies and the court's calendar.

How does Tennessee handle marital property division?

Tennessee adopts an "equitable distribution" model for marital property:

  1. Marital vs. Separate Property:
    • Marital Property: This encompasses most assets and debts that the couple accumulated during their marriage, with certain exemptions, such as gifts or inheritances given explicitly to one spouse.
    • Separate Property: Assets or debts that pre-date the marriage, or those received distinctly by one spouse during the marriage (like an inheritance), remain individual and typically aren't subject to division in divorce.
  2. Equitable Distribution: Tennessee doesn't automatically split marital property 50/50. Instead, the courts strive for a distribution that's equitable or fair. This assessment is multi-faceted, looking at:
    • The length of the marriage.
    • Age, physical condition, and employability of each spouse.
    • Each spouse's contributions (financial and non-financial) to the marriage.
    • The financial needs and liabilities of each spouse.
    • Tax implications of property division.

How does child custody work in Tennessee?

Child custody determinations in Tennessee revolve around the best interests of the child:

  1. Types of Custody:
    • Legal Custody: This relates to the authority to make significant life decisions for the child—like educational, medical, and religious decisions. It can be shared (joint) or held by one parent (sole).
    • Physical Custody: This pertains to where the child lives. Like legal custody, it can be joint or sole.
  2. Determining Factors: To discern the child's best interests, courts examine numerous considerations:
    • The emotional bond between the child and each parent.
    • The stability of each parent's home environment.
    • Each parent's willingness to support and facilitate the child's relationship with the other parent.
    • Any history of family violence, abuse, neglect, or other detrimental behaviors.

How does child support work in Tennessee?

In Tennessee, child support is a structured system, ensuring both parents contribute to their child's well-being:

  1. Guideline Model: Tennessee employs an income shares model. This model amalgamates both parents' incomes, and, referencing set guidelines, ascertains the support amount. It takes into account the number of children, the custody arrangement, and other expenses related to the child's upbringing.
  2. Modifications: Life isn't static, and sometimes circumstances change—like a job loss, a substantial raise, or changing needs of the child. In such cases, either parent can petition the court for a review and potential modification of the child support order.

How is alimony determined in Tennessee?

Alimony, or spousal support, in Tennessee is assessed based on various facets:

  1. Factors Considered: Before determining the amount or duration of alimony, courts look at:
    • The recipient spouse's financial needs and the paying spouse's ability to provide support.
    • The age and health of both parties.
    • The length of the marriage.
    • The standard of living during the marriage.
    • Each spouse's education, skills, and employability.
  2. Types of Alimony: Tennessee recognizes multiple forms of alimony:
    • Rehabilitative Alimony: Short to medium-term support to allow the recipient spouse to gain skills or training to reenter the workforce.
    • Alimony in Futuro: Long-term or potentially permanent support. It's more common in longer marriages where one spouse might have been a stay-at-home parent or lacks the means to be self-sufficient.
    • Transitional Alimony: Short-term support to assist a spouse in adjusting to the financial realities of single life post-divorce.
    • Lump-Sum Alimony: A one-time payment, often in lieu of property division or other assets.

Tennessee Divorce: FAQ

How are retirement accounts divided in Tennessee? 

Retirement assets accrued during the marriage are subject to equitable distribution, which means they're divided fairly, though not always equally.

Who generally gets the house in a Tennessee divorce? 

Factors like child custody and each spouse's financial standing influence this decision. The house can be sold, with proceeds divided, or one spouse might retain the home but compensate the other.

How does Tennessee divide debt in a divorce? 

Like assets, debts accumulated during the marriage are subjected to equitable distribution. However, why the debt was incurred can influence who bears responsibility.

Can I refuse alimony in Tennessee? 

If the court decrees alimony, non-compliance can lead to legal repercussions.

What if my ex-spouse defies child support orders? 

Tennessee's Child Support Services Division employs enforcement measures, like garnishing wages, to ensure compliance.

Are reasons for divorce considered when dividing property? 

While Tennessee recognizes both fault and no-fault grounds, fault isn't always considered in asset division. It depends on how the fault impacted marital assets.

Can I modify child custody arrangements in Tennessee? 

Demonstrating a significant change in circumstances and that modification is in the child's best interest is necessary.

Does Tennessee recognize common-law marriages? 

No, Tennessee doesn't acknowledge common-law marriages.

Can we halt the divorce if we reconcile? 

Yes, couples can request the court to dismiss the case if they reconcile.

How are marital assets valued in Tennessee? 

Assets are generally valued based on their "fair market value," which represents an asset's value if sold under current market conditions.