At least one spouse must have been a resident of Tennessee for a minimum of 6 months before filing. If the grounds for divorce occurred outside Tennessee, both spouses must be residents at the time of filing. What are the grounds for divorce in Tennessee?

Tennessee recognizes both no-fault and fault-based grounds.

No-fault:

– Irreconcilable differences (both spouses must agree)
– Living separate and apart for 2+ years with no minor children

Fault-based grounds include:

– Adultery
– Abandonment for 1+ year
– Cruel and inhuman treatment
– Conviction of an infamous crime
– Habitual drunkenness or drug abuse
– Impotency (at time of marriage)
– Bigamy

An uncontested divorce means both spouses agree on all terms — property division, debt, alimony, and child-related matters. It is faster and cheaper than a contested divorce. Tennessee requires a 60-day waiting period for couples without minor children, and a 90-day waiting period for couples with minor children, even in uncontested cases.

Minimum timelines:

– No minor children: at least 60 days from filing
– Minor children involved: at least 90 days from filing

Contested divorces can take 6 months to several years depending on complexity, court schedules, and how much the parties dispute.

File at the Circuit or Chancery Court in the county where either spouse resides. You’ll submit a Complaint for Divorce along with a filing fee (typically $150–$300 depending on the county). The other spouse must be formally served with the divorce papers.

You are not legally required to have an attorney. Spouses can represent themselves (“pro se”). However, an attorney is strongly recommended if your case involves children, significant assets, debts, retirement accounts, or disagreements. Simple, agreed uncontested divorces are the most common DIY scenario.

Tennessee is an equitable distribution state — marital property is divided fairly, but not necessarily 50/50. Courts consider factors like length of marriage, each spouse’s contributions, earning capacity, and fault. Separate property (owned before marriage or received as a gift/inheritance) is generally not divided.

Tennessee courts may award several types of alimony (called “spousal support”):

– Alimony in futuro — ongoing support, often for long-term marriages
– Rehabilitative alimony — temporary, to help a spouse become self-supporting
– Transitional alimony — short-term adjustment support
– Alimony in solido — a fixed lump sum

Factors include the length of the marriage, earning disparity, standard of living, and each spouse’s age and health.

Yes — the portion of a retirement account earned during the marriage is considered marital property. Division typically requires a Qualified Domestic Relations Order (QDRO), a separate court order sent directly to the retirement plan administrator. This applies to 401(k)s, pensions, and similar accounts.

Tennessee uses the term “parenting plan” rather than custody. Courts distinguish between:

– Decision-making authority (legal custody) — who decides on education, healthcare, and religion
– Residential schedule (physical custody) — where the child lives day to day

The guiding standard is always the best interest of the child. Shared parenting is encouraged when appropriate.

Tennessee uses the Income Shares Model. Child support is based on both parents’ gross incomes, the number of children, the parenting schedule, and allowable deductions (health insurance, childcare). The state provides an official online calculator. Deviation from the guidelines requires written justification by the court.

Tennessee law gives weight to the preference of a child who is 12 years of age or older, but it is not determinative. The court still makes the final decision based on the child’s best interest. Younger children’s preferences may be considered but carry less weight.