Tennessee Divorce: What You Need to Know

Divorce is the formal process of terminating a marriage between two parties in Tennessee. Divorce cases are filed at either the Circuit Court or Chancery Court in the county where you or your spouse lives.

This guide explains how divorce operates in Tennessee, covering residency requirements, waiting times, different types of divorce, the court procedures, filing specifics at the county level, and how to obtain divorce records

How Does Divorce Work in Tennessee?

Before you can file for divorce in Tennessee, there are residency requirements that need to be met. At least one spouse must have lived in the state for six months before filing. However, if the divorce is based on a fault ground that occurred in Tennessee, residency may not be required.

Tennessee allows both no-fault and fault-based divorces. A no-fault divorce is based on irreconcilable differences, and both spouses agree that the marriage is beyond repair. A party can also file a no-fault divorce if the couple has been living separate and apart for at least two years without minor children.

Fault-based divorce is when one couple cites incidents such as adultery, extreme cruelty, willful desertion, habitual drunkenness, conviction of a felony, and willful neglect as the reason for seeking a divorce.

There is a mandatory waiting period before divorce is finalized in Tennessee. If the couple has no minor children, the waiting period is 60 days from filing. If the couple has minor children, the waiting period is 90 days.

Types of Divorce in Tennessee

Tennessee law provides several types of divorce:

• Uncontested divorce (agreed divorce): An uncontested divorce occurs when both spouses agree on custody, property, and support. This type of divorce is less expensive.
• Contested divorce: A contested divorce occurs when the couple disagrees on decisions relating to the divorce. This type of divorce often requires mediation, hearings, and trial.
• No-fault divorce: A no-fault divorce is when the couple cites irreconcilable differences as the reason for the breakdown of their marriage.
• Fault-based divorce: In this type of divorce, one party files for divorce alleging that the other party caused the breakdown of their marriage. The party that files for divorce has to prove that the other party is at fault. Grounds such as adultery or cruelty are cited, which may influence property division or support.
• Legal separation: Tennessee allows legal separation. This type of arrangement allows a couple to live separately without terminating their marriage. The court outlines the responsibilities of each party with regards to custody, property, and support.

Tennessee Divorce Court Process and Forms

Divorces in Tennessee are filed in the Circuit Court or Chancery Court of the county where either spouse resides. The process begins when one spouse, the plaintiff, files a Complaint for Divorce.

Other required documents may include:

• Summons
• Divorce Certificate of Final Decree
• Financial Affidavit
• Permanent Parenting Plan (if children are involved)
• Child Support Worksheets
• Marital Dissolution Agreement (for uncontested cases)

Once the divorce complaint is filed by one of the couples, the other couple must be served with the complaint and summons. Service is usually done by sheriff, process server, or certified mail. The defendant has 30 days to respond.

Both spouses are required to provide financial disclosures. If there are children involved, both parents must attend a Parent Education Seminar before any custody orders can be finalized.

Judges may order mediation for custody or visitation disagreements. If mediation does not succeed, the case will proceed to trial.

The divorce is considered finalized when the judge signs a Final Decree of Divorce. A final decree of divorce officially concludes the marriage and establishes orders regarding custody, property division, child support, and alimony.

City- and County-Level Filing Details

Divorces in Tennessee are filed at the county level. Here are details for some of the state’s largest counties:

• Shelby County (Memphis):
  • Courthouse: Shelby County Circuit Court, 140 Adams Avenue, Memphis, TN 38103.
  • Services: Shelby County Circuit Court provides downloadable forms and case lookup tools on the court website. The court also recommends mandatory parenting classes if children are involved.
• Davidson County (Nashville):
  • Courthouse: Davidson County Circuit Court, 1 Public Square, Nashville, TN 37201.
  • Services: The clerk of the court provides filing instructions for free. The court also offers mediation services in family cases.
• Knox County (Knoxville):
  • Courthouse: Knox County Fourth Circuit Court, 400 Main Street, Knoxville, TN 37902.
  • Services: This court orders mandatory parenting program for divorces with children.
• Hamilton County (Chattanooga):
  • Courthouse: Hamilton County Chancery Court, 625 Georgia Avenue, Chattanooga, TN 37402.
  • Services: The clerk of the court provides downloadable forms on the court website. Hamilton County Chancery Court also encourages mediation in contested matters.
• Rutherford County (Murfreesboro):
  • Courthouse: Rutherford County Circuit Court, 116 W. Lytle Street, Murfreesboro, TN 37130.
  • Services: Rutherford County Circuit Court provides filing instructions to interested persons for free.

How to Search for Divorce Records in Tennessee

Divorce records are considered public information in Tennessee and anyone can request access to these records. However, confidential information such as Social Security numbers, financial accounts, and details about minor children are exempt from public disclosure. Records are maintained by the Clerk of Circuit Court or Chancery Court in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and full case files can be requested for a fee.
• Online: Some counties, such as Shelby and Davidson, provide online docket searches through the Tennessee Court Records system. Full documents must be obtained from the court clerk.
• Vital Records: The Tennessee Office of Vital Records issues divorce certificates (summary records) for divorces finalized since 1949. These include names of the spouses, date, and county of divorce.
• Third-party services: Private websites may provide case details, but only the courts or Vital Records can issue certified copies.

Divorce records can include the names of the spouses, the date and county of divorce, the case number, and the court’s rulings on custody, property division, child support, and alimony. The Final Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• Divorce in Tennessee is filed in Circuit Court or Chancery Court of the county where either spouse resides.
• Residency requires six months unless the grounds occurred in Tennessee.
• No-fault divorce requires irreconcilable differences or two years of separation without children.
• Parents must attend parenting education programs in custody cases, and mediation is common in disputes.
• A 60- or 90-day waiting period applies depending on whether children are involved.
• Divorce records are public and available from county clerks, with certificates available from the Tennessee Vital Records Office.