How to File for Divorce in Tennessee
Filing for divorce can seem like a complicated and lengthy legal process, but understanding the steps involved can make the process much simpler. Whether your divorce is uncontested or contested, it’s important to understand your rights, responsibilities, and the procedures required by Tennessee law. Below, we break down each of the important steps to help you through the process of filing for divorce.
Eligibility Criteria
You have to meet certain eligibility requirements to file for a divorce in Tennessee.
Residency Requirements
At least one spouse must have lived in Tennessee for a minimum of six months before filing. If the grounds for divorce occurred within the state, this residency requirement may be waived.
Grounds for Divorce
Tennessee recognizes both fault and no-fault grounds for divorce. No-fault grounds include conflicting differences or living separately without cohabitation for two years (when there are no minor children). Fault-based grounds include adultery, cruelty, abandonment, substance abuse, and imprisonment for a felony.
Preparing Documentation
Having the correct documents ensures that your case moves through the legal system efficiently and that the court has all the information it needs to make decisions about your divorce.
Essential Forms
When you file for divorce, you’ll be required to complete several important forms. These typically include:
Complaint for Divorce – This is the formal request to the court to end your marriage. It outlines the basic details of your marriage, grounds for divorce, and what you’re asking for (such as property division or child custody).
Spouse’s Personal Information Form – This form provides basic identifying details about your spouse.
Health Insurance Notice – This alerts both spouses about their rights and responsibilities regarding health coverage during and after the divorce.
Marital Dissolution Agreement – If the divorce is uncontested, this document outlines how assets, debts, and property will be divided.
Parenting Plan – Required when children are involved, this plan outlines custody arrangements, visitation schedules, and parenting responsibilities.
Filling out these forms accurately and completely is critical for a smooth process.
Gathering Evidence
If your divorce is based on specific fault-based grounds, such as adultery or abuse, you will need to collect evidence to support your claims. This could include:
Emails, text messages, or photos
Witness statements
Financial records that reveal hidden assets or spending
Police or medical reports (if abuse is alleged)
Even in a no-fault divorce, it's helpful to gather financial documents like bank statements, tax returns, mortgage information, and lists of personal property. These help ensure a fair division of assets and simplify negotiations.
Filing the Petition
Once you have your paperwork ready, it’s time to file your divorce petition.
Where to File
Divorce petitions are filed in the Chancery Court or Circuit Court of the county where either spouse resides. The filing spouse is known as the "Plaintiff," and the other as the "Defendant."
Filing Fees
The cost to file for divorce in Tennessee varies by county, but generally ranges from $150 to $400. Fee waivers may be available if you meet certain income requirements.
Serving the Spouse
After filing, your spouse must be formally notified of the divorce.
Methods of Service
Common methods include personal service by a sheriff or process server, certified mail, or publication (used when a spouse can’t be located).
Proof of Service
Once your spouse has been served, you must file a Proof of Service with the court to confirm they received the documents. This step is needed to move the case forward.
Response from Spouse
Your spouse will have an opportunity to respond after being served.
Default Judgment
If the spouse does not respond within 30 days, the court may grant a default judgment, meaning the divorce proceeds without their input.
Contested Divorce
If the spouse contests the divorce, the case may proceed to mediation or trial, especially if there are disagreements regarding property, custody, or support.
Negotiating Settlements
Settlements can help avoid drawn-out court battles.
Division of Assets
Tennessee follows an equitable distribution model, meaning marital property is divided fairly, but not necessarily equally, based on factors like the length of the marriage and financial contributions.
Child Custody Agreements
If you have children, a Parenting Plan must be developed, addressing physical and legal custody, visitation schedules, and child support.
Court Hearings
Depending on whether your divorce is contested or uncontested, hearings may be required.
Preparing for Court
Prepare by organizing all documents, understanding your requests, and possibly working with an attorney to present your case clearly and effectively.
What to Expect
In uncontested divorces, a brief hearing may be required to finalize the agreement. In contested cases, multiple hearings may take place, including witness testimony and cross-examination.
Finalizing the Divorce
Once all matters are resolved, the divorce can be finalized.
Final Judgment
The judge will issue a Final Decree of Divorce, officially ending the marriage and outlining the terms of custody, support, and property division.
Post-Divorce Considerations
Be sure to update legal documents, such as wills and insurance policies. Consider revisiting custody arrangements or support if circumstances change.
Resources and Support
You don’t have to go through the divorce process alone.
Legal Aid Services
If you cannot afford an attorney, you may qualify for help from Legal Aid of Tennessee or other nonprofit legal services.
Counseling Options
Divorce can take a toll emotionally. Consider individual or family counseling to help manage the stress and adjust to post-divorce life.
Conclusion
Filing for divorce in Tennessee involves a series of legal steps, from meeting eligibility requirements and completing forms to serving your spouse and attending court hearings.
While the process can seem overwhelming, knowing what to expect—and when to seek help—can make all the difference. If you need guidance navigating your divorce, the team at Hackett Law Firm is here to provide experienced, compassionate legal support every step of the way.