Key Takeaways
- Tennessee allows for no-fault divorce in addition to fault-based divorce.
- You can file an uncontested divorce if you and your spouse are in total agreement.
- Even when you do not agree but are able to come to an agreement prior to the final hearing, you can incorporate a settlement agreement into the final judgment to save the costs of a drawn-out trial.
- Tennessee has residency requirements that you must meet prior to filing for divorce, though they are less strict as many other states.
- Tennessee has a waiting period for divorces: 60 days if you have no children or 90 days if you have minor children.
How to file for divorce in Tennessee. When you are no longer compatible with each other, you may consider filing for divorce. While spouses can file for divorce on their own, we do not recommend it, especially if they mutually own property or have children together. Divorce laws are complex, and you can easily forfeit some of your rights, or heavy financial costs if you make a mistake. The experienced divorce attorneys at Cordell & Cordell can guide you through the divorce process in Tennessee and help protect your rights.
Step One: Determining Grounds for Divorce in Tennessee
Tennessee has 15 statutory grounds for divorce, including irreconcilable differences. If you file a no-fault divorce, you file for irreconcilable differences. Other grounds include:
- Impotence
- Adultery
- Conviction of a felony and imprisonment
- Substance abuse or addiction
- The wife is pregnant by someone else at the time the husband marries her, and the husband is not aware
- Willful desertion for one year
- Bigamy
- Endangering the life of the spouse
- Conviction of an infamous crime
- Refusing to move to Tennessee with a spouse and willfully being absent from the new residence for two years
- Cruel and inhuman treatment or inappropriate marital conduct
- Actions making a spouse’s life intolerable
- Abandonment, including neglect or evicting the spouse from the home
- Separation for two or more years while not living together as husband and wife
Because you have to prove grounds, many people find it easier to file a no-fault divorce and simply allege irreconcilable differences. A no-fault divorce also reduces many of the contentions that can take place during a divorce, and in most cases—it’s less stressful for the parties’ minor children.
Step Two: Filing the Divorce Complaint
When filing the divorce complaint, you must include all proof and documentation that applies to your situation. Once you file, you cannot go back and add additional information. Even if you sign a marital settlement agreement, you must include:
- Personal information pertaining to you and your spouse, including your address
- The date of marriage and separation
- Grounds for divorce
- Request for child custody (if applicable)
- Request for child support (if applicable)
- Request for real and personal property division (if applicable)
- Request for alimony (if applicable)
You must include a filing fee when filing the initial complaint. In the case the divorce is contested, you will also need to file a summons, spouse’s personal information, civil cover sheet, and in some circumstances, a Title IV-D information form.
Step Three: Serving the Divorce Papers
You must formally serve your spouse with divorce papers – including the complaint and other legal documents, along with the summons. If you do not follow the proper service of process, your spouse can request to have the case dismissed. A sheriff or a process server must serve your divorce documents. You can also serve your spouse by mail, but we do not recommend this method, as your spouse must sign an acknowledgment of service. If the divorce is contentious or your spouse does not agree to divorce, you may never receive that signature.
Step Four: The Response and Counterclaim
Once served, your spouse has a specific number of days to file an answer and countercomplaint. If they do not, the spouse risks defaulting. A countercomplaint includes the same information as your complaint, except these are your spouse’s requests. For example, your complaint may not request alimony if you do not want your spouse to pay it, but they might request alimony from you.
Step Five: Temporary Orders
Since some divorce cases are complex, and may take a longer period of time—the parties can request temporary orders to protect their rights—for support or visitation. These orders remain only in effect until the court signs the final judgment for the dissolution of the marriage or until the court issues another temporary order.
Common temporary orders might include:
- Motion for temporary spousal support
- Motion for temporary child support
- Motion for temporary custody or visitation or a motion for a temporary parenting plan
- Motion to stop wasting assets
- Motion for the sole use and occupancy of the marital home
Step Six: Discovery During a Tennessee Divorce
Once a complaint for divorce has been filed, the next step is the discovery process. In some states, this process can be referred to as mandatory disclosure. Both parties must mutually supply to each other:
- A family law financial affidavit
- Home and vehicle titles
- Credit card statements
- Bank account statements
- Retirement plan and retirement account statements
- Documents related to business ownership
This is just a partial list of required documents. The discovery process may also include:
- Interrogatories, which must be answered under oath
- Depositions
- Requests for admissions
- Subpoenas
If you ignore requests for documents, interrogatories, requests for admissions, your spouse can serve you with a subpoena to compel production.
Step Seven: Settlement Negotiations or Trial
Many divorce cases in Tennessee are settled out of court. An experienced divorce lawyer can guide you through the process and draft a marital dissolution agreement that protects your rights. The settlement agreement includes the division of marital property, a permanent parenting plan, and other financial factors.
You can also acquire a partial settlement agreement, though the divorce will still be considered a contested divorce. The court incorporates the partial settlement agreement into the final judgment and rules on the issues the parties could not agree upon.
If the divorce is contested, an experienced family law attorney can help protect your rights and represent you at the trial, where the court will decide all contested issues.
Step Eight: Final Decree of Divorce
Once the court signs the final decree of divorce, your divorce is final—whether it is an agreed divorce or contested divorce. The order includes all the points you agreed to in a settlement agreement—or, if the divorce was contested, whatever the court ordered during the trial.
Why Work with Cordell & Cordell
When filing for divorce, work with an experienced attorney instead of trying to file the divorce forms on your own. An experienced attorney can guide you through the process and help protect your rights while helping explain the complex Tennessee divorce laws.
Client Experience
“All around he did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Dale D.
”She does a great job of analyzing your situation. Communication was good throughout the process.” — Ronnie C.
“My attorney did a fantastic job and twice now this firm has helped me very much. My attorney a few years ago was also amazing. This firm has taken great care of me and is worth the money. Everything was exceptional.” — Christopher K.
Getting Divorced in Tennessee? We Are Here to Help
Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
Yes, however, it is very difficult to change an agreement once you’ve signed it. You must prove a significant change in circumstances to change a divorce settlement.
No. The process to file a divorce is the same for an uncontested divorce. However, you will most likely file a settlement agreement and other required documents along with the complaint. Additionally, you must attend an uncontested final hearing so the court can “prove up” your case. This is generally a short hearing where the court verifies both parties’ personal information and verifies that neither party signed the agreement under duress.
The court will enter a final judgment that incorporates the settlement agreement. When the court signs and files the final judgment, you are legally divorced.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
