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How do I file for divorce in Tennessee?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Tennessee divorce is governed by T.C.A. Title 36, Chapter 4.

1. Residency Requirements — At least one spouse must have been a Tennessee resident for 6 months before filing, or the grounds for divorce arose in Tennessee.

2. No-Fault Grounds — (a) Irreconcilable differences (requires a written Marital Dissolution Agreement signed by both spouses); or (b) Living separate and apart without cohabitation for 2+ years if there are no minor children.

3. Fault Grounds — Tennessee has 15 fault grounds, including adultery, desertion (1+ year), conviction of an infamous crime, cruel and inhuman treatment, habitual drunkenness or drug abuse, indignities, and abandonment.

4. Required Forms — Complaint for Divorce, Summons, Marital Dissolution Agreement (for irreconcilable differences), Permanent Parenting Plan (if children), and Verification.

5. Filing Fee — Approximately $200–$400 depending on county. Affidavit of Indigency available.

6. Service of Process — Sheriff or process server. Respondent has 30 days to answer.

7. Waiting Period — 60 days from filing for couples with no minor children; 90 days if there are minor children, before an irreconcilable differences divorce can be granted.

8. Property Division — Tennessee is an equitable distribution state. Marital property is divided equitably considering 11 statutory factors. Separate property is set aside.

9. Final Decree — A Final Decree of Divorce signed by the chancellor or judge ends the marriage.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Contested custody disputes
  • Significant assets or business interests
  • Domestic violence concerns
Related Statutes & Laws
  • T.C.A. § 36-4-101
  • T.C.A. § 36-4-103
  • T.C.A. § 36-4-121

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.