How to File for Legal Separation in Tennessee
Choosing legal separation over divorce can provide you the right space, structure, and protection during uncertain times. Whether you're considering this step for personal, religious, or financial reasons, understanding the process is key. Here's how legal separation works in Tennessee and what to expect every step of the way.
Legal Separation vs. Divorce: What’s the Difference?
Before filing, it’s important to understand what legal separation really means—and how it’s different from divorce.
How Legal Separation Differs from Divorce
Legal separation allows spouses to live apart while remaining legally married. Unlike divorce, it doesn’t officially end the marriage. You and your spouse can still make legal arrangements around custody, support, and property, but you’re not free to remarry.
Why Some Couples Choose Legal Separation
For some, separation offers space to decide the future of the relationship. Others choose it for religious reasons, to retain health insurance, or to preserve certain financial benefits while no longer living together. It's often a softer legal alternative to ending the marriage altogether.
What Gets Decided During a Legal Separation?
Legal separation involves many of the same legal decisions as divorce—just without dissolving the marriage.
Custody and Child Support
Like divorce, legal separation can involve a parenting plan that covers custody, visitation, and child support. The goal is to provide structure and stability for children during this time of transition.
Spousal Support (Alimony)
If there’s a significant financial gap between spouses, one may be ordered to pay spousal support. Tennessee courts evaluate factors like income, length of the marriage, and ability to earn.
Dividing Assets and Debts
Property and debt division are often addressed in a legal separation, especially when spouses have joint accounts, shared property, or outstanding debts. Courts aim to divide things fairly, even if the couple remains married.
Getting Ready to File for Legal Separation
Preparation is crucial, especially if you want to avoid unnecessary stress and delays.
Proving Grounds for Separation
In Tennessee, just like with divorce, you can't legally separate without stating a valid reason—or “grounds.” These can include:
- Irreconcilable differences – The most common and least contentious option, meaning the marriage just isn’t working anymore.
- Specific fault-based reasons – Such as abandonment, adultery, cruelty, substance abuse, or inappropriate marital conduct.
You don’t need both spouses to agree on the reason—but you do need to state it clearly in the paperwork when you file.
Creating a Separation Agreement
A separation agreement is a written document where both spouses lay out the terms of how they’ll live apart. It often includes:
- Who will live where
- How finances will be handled
- Child custody and visitation schedules
- Spousal and child support
- Division of assets and debts
Having this agreement in place can make the legal process smoother and help prevent future disputes. If you can agree on terms ahead of time, the court is more likely to approve them without a drawn-out hearing.
How to File for Legal Separation in Tennessee
Filing for legal separation follows a legal process similar to divorce—but with different outcomes.
Submit the Right Legal Forms
The process starts with filing a Complaint for Legal Separation in the county where either spouse lives. You’ll need to submit standard family court documents and serve the paperwork to your spouse.
Go to the Separation Hearing
If your spouse agrees to the terms, the court may approve your agreement without much delay. If there’s disagreement, a hearing may be held where the judge will resolve contested issues. Either way, the court will issue a legal separation order.
What Happens After Legal Separation?
Once separation is granted, couples have a few possible paths forward.
You May Reconcile
Some couples use legal separation as a trial period and eventually reconcile. If this happens, you can ask the court to dismiss the separation order.
You Can Later File for Divorce
If reconciliation isn’t possible, either spouse can later ask the court to convert the separation into a divorce. The prior separation agreement can often serve as the foundation for the divorce decree.
Why You Should Speak With a Legal Separation Attorney in Tennessee
Legal separation may not end your marriage, but it carries real legal weight. The right attorney can help protect your future.
Get the Legal Guidance You Deserve
Every family is different. A knowledgeable family law attorney can explain your options, help you build a strong case, and ensure that your rights are protected at every step. Our team here specializes in family law in Tennessee, with guaranteed results in your favor.
Safeguard What Matters Most
Whether you’re concerned about finances, your children, or your home, having legal support ensures that decisions are fair—and built to last.
Let’s Talk About Your Next Step
If you’re thinking about legal separation, you don’t have to face it alone. At Psonya Hackett Law, we’re here to listen, guide, and protect your interests with honesty and care. Whether you're exploring your options or ready to file, we'll walk with you every step of the way.
Reach out today to schedule a confidential consultation and get the support you deserve.