Divorce in Tennessee
Tennessee allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Tennessee resident for six months. Waiting periods vary: 60 days without children and 90 days with children.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
60 days (90 days with children)
Filing Fee
$250-$400
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Adultery
- •Cruel and inhuman treatment
- •Desertion
Key Facts
- ★Tennessee has different waiting periods: 60 days without children, 90 days with children
- ★Both fault and no-fault grounds are available
- ★At least one spouse must have been a Tennessee resident for 6 months
- ★Property is divided by equitable distribution
- ★Tennessee has 15 fault-based grounds for divorce
Child Custody
Tennessee courts determine custody based on the best interests of the child. The court considers the love and emotional ties between each parent and child, each parent's disposition to provide for the child, the importance of continuity, and any evidence of domestic violence.
Alimony / Spousal Support
Tennessee courts may award four types of alimony: rehabilitative (most common), transitional, alimony in futuro (long-term), and alimony in solido (lump-sum). The court considers 12 factors including the duration of the marriage, each party's financial resources, and the standard of living during the marriage.
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Common questions about divorce in Tennessee
Tennessee offers four types: rehabilitative alimony (to help a spouse become self-sufficient), transitional alimony (for adjustment after divorce), alimony in futuro (long-term support for lengthy marriages), and alimony in solido (lump-sum payment). Rehabilitative alimony is the most commonly awarded type.
Yes. If both spouses agree on all issues including property division, custody, and support, you can file for an uncontested divorce based on irreconcilable differences. The waiting period is 60 days without minor children or 90 days with minor children.