How To File for Divorce in Tennessee? 2024

Married individuals in Tennessee may wonder how to file for divorce in Tennessee. Filing for divorce can feel like an overwhelming process, but understanding the steps involved can make it more manageable. Whether you’re navigating an uncontested divorce or dealing with complex disputes, knowing where to begin and what to expect is crucial. By following state laws and procedures, you can work toward a fair resolution to start the next chapter of your life.

Meeting Tennessee’s Residency Requirements

Before filing for divorce in Tennessee, you must meet state residency requirements, meaning one or both spouses must have lived in the state for six months before filing. This ensures Tennessee courts have jurisdiction over the case. If you and your spouse recently moved to Tennessee, you may need to wait until the residency requirement is satisfied before proceeding with your divorce.

Additionally, if your spouse resides out of state, Tennessee courts may still have jurisdiction if the marriage took place in Tennessee or if you meet certain other criteria. Ensuring you meet residency requirements is the first step in properly filing your case.

Choosing the Proper Grounds for Divorce

Tennessee recognizes both fault-based and no-fault grounds for divorce. One of the most common no-fault grounds is “irreconcilable differences,” which means the marriage has broken down beyond repair. Another no-fault option is living separately for two years or more without minor children.

Fault-based grounds include reasons such as adultery, abandonment, habitual drunkenness, or cruelty. When filing on fault-based grounds, you must provide evidence to support your claims.

Filing the Divorce Petition

Once you meet residency requirements and decide on the grounds, the next step is filing a Petition for Divorce with the family court in your county. This document outlines the reasons for your divorce and your requests in regard to matters such as child custody, spousal support, or division of assets.

After filing, your spouse must be served a copy of the petition as well as a summons. Once they receive notice of the divorce proceedings, they will have the opportunity to respond. If your spouse does not respond within the required timeframe, the court may issue a default judgment in your favor.

Addressing Child Custody and Support

If you have children, child custody and support arrangements will likely be a central part of your divorce case. When making decisions regarding child custody, Tennessee courts prioritize the child’s best interests. They consider factors such as each parent’s relationship with the child, level of stability, and ability to provide a safe environment.

The state favors joint custody and equal parenting time whenever possible; however, if disputes arise, the court may intervene to determine an appropriate parenting plan. Child support is calculated based on state guidelines, taking into account both parents’ incomes and the child’s needs.

Dividing Marital Assets

Tennessee follows the equitable distribution principle in which all marital property is equitably divided between spouses. This includes assets and debts acquired during the marriage. Separate property usually remains with the spouse who owned it before marriage. Gifts and inheritances given to one spouse, whether before or during the marriage, are also separate property.

During the divorce process, you and your spouse can negotiate a property settlement agreement. If you cannot reach an agreement, the court will decide how to divide marital assets based on factors like the length of the marriage, contributions to the marital estate, and financial needs.

Completing the Divorce

Tennessee law imposes a waiting period that is mandatory before the courts can finalize a divorce. Generally, couples without minor children have a 60-day waiting period. If minor children are involved, the waiting period extends to 90 days.

During this time, you may be required to attend mediation to resolve any disputes. If agreements cannot be reached, your case may proceed to trial, where a judge will make final decisions on contested issues. Once all matters are resolved, the court will issue a Final Decree of Divorce, officially ending the marriage.

FAQs

Q: How Much Does It Cost to File for Divorce in Tennessee?

A: Filing for divorce in Tennessee typically involves court filing fees, which vary by county. These fees are necessary to initiate the legal process. Additional costs may arise if you require legal representation or other services like mediation. If you cannot afford the filing fees, you may be eligible to file a fee waiver request with the court, depending on your financial circumstances.

Q: How Long Do You Have to Be Separated in TN To Get a Divorce?

A: Tennessee does not require a specific separation period before filing for divorce unless pursuing a divorce based on irreconcilable differences, where both parties must live apart for at least two years if they have no minor children. Otherwise, separation requirements depend on the grounds for divorce, such as adultery or abandonment, which do not mandate prior separation.

Q: Can You Get a Divorce Without Going to Court in TN?

A: In Tennessee, uncontested divorces may not require a court appearance if both parties agree on all terms, including property division and parenting arrangements; however, finalizing a divorce still involves submitting paperwork and obtaining court approval. Consulting an attorney can help ensure your case is handled efficiently without unnecessary court involvement.

Q: What Is the Fastest Way to Get a Divorce in Tennessee?

A: The fastest way to get a divorce in Tennessee is through an uncontested divorce, where both spouses agree on key terms. Meeting residency requirements and resolving issues like property division and custody outside of court can significantly shorten the process. Working with an experienced attorney can help streamline the filing and approval process for quicker resolution.

Schedule Your Divorce Consultation Today

Filing for divorce in Tennessee is a significant legal and emotional undertaking. By understanding the process and seeking professional guidance, you can approach this life transition with clarity and preparation. Let an experienced divorce lawyer guide you through every step, ensuring your rights and future are protected.

The legal team at Mathis, Bates & Klinghard PLLC understands the state’s divorce laws and how to help clients navigate a dissolution of marriage while protecting their rights and furthering their interests in court. Legal representation from our knowledgeable team can add a semblance of certainty during an uncertain time. Schedule your consultation today.