If you’re considering a divorce, you’re likely unsure of how to file for divorce in Tennessee, especially if you never considered that you would ever be in this position. At Story & Abernathy, PLLP, we know that you’ve likely spent much time thinking things over to come to the realization that the legal dissolution of your marriage is the next step for your future.
Our team is dedicated to sharing its knowledge of Tennessee divorce law by detailing the filing proceedings you’re likely to encounter. We’ve even gone so far as to share the differences between contested and uncontested divorce cases so that you have a better understanding of how this could impact your divorce proceedings.
What Are the Types of Divorce in Tennessee
The two main types of divorce in Tennessee are uncontested divorce and contested divorce.
You’ll go through an uncontested divorce if you and your spouse can come to a mutual agreement surrounding every aspect of the divorce. This means you can agree on how marital property is divided, alimony terms, and child support, custody, and visitation terms.
When none or only some of these can be agreed upon, you’ll likely have a contested divorce on your hands. In these situations, speaking with a Tennessee divorce attorney is often recommended, and the court may assume a pivotal role in making these decisions on your behalf.
Here’s How to File for Divorce in Tennessee
Tennessee has one of the highest divorce rates in the country, with 2.9 divorces occurring per 1,000 population, according to 2023 CDC data. In addition, 2020 data shows Madison County had the highest divorce rate at about 9.87 divorces per 1,000 people, while Roane County had the lowest rate at 0.59 per 1,000 people.
Evidently, if you’re going through a divorce, you’re not alone, and here are the steps you might take to file for divorce in Tennessee:
Step One: File Your Divorce Complaint
Divorce proceedings officially begin when you file a complaint for divorce at your local Tennessee circuit or chancery court. For example, if you reside in Shelby County, you would file with this county’s chancery court clerk or circuit office. If you’re going the court route, your case would be handled through the Domestic Relations Division.
Your complaint document must outline the grounds for your divorce, as well as any child custody, alimony, and property division requests you may have. This document must also formally notify your spouse of legal action.
Step Two: Wait for a Response and Discovery
After you file your complaint, you need to wait for your spouse to offer a response or answer. They only have a limited amount of time, and it is during this phase that discovery may begin.
Discovery is the process involving exchanging financial documentation, property records, and other information that may be relevant to your divorce ruling. This exchange is necessary so that both parties and their attorneys have an understanding of each other’s individual situations and possessions.
Step Three: Enter Negotiations and Mediation
Most divorces in Tennessee are resolved through negotiation or court-ordered mediation. If mediation is necessary after discovery, you’ll work with a neutral mediator who can help you and your spouse reach agreements on any issues you or they are contesting.
With a mediator, you and your spouse can try to reach an agreement on any contested matters. Regardless of what terms you and your spouse agree to, the agreement must be submitted to the court for approval.
Step Four: Court Hearings
If your divorce is contested and you cannot reach an agreement during negotiation or mediation, you’ll have to proceed to court hearings. A judge will review your case and listen to testimony to decide any unresolved issues during the hearings. This process can be time-consuming depending on the level of contention and the number of disputes you have.
Step Five: Final Decree
You’ll receive your final divorce decree either after step three, when negotiation or mediation is finalized, or after step four, when a judge passes judgment. The decree will legally end your marriage and establish both parties’ responsibilities and rights moving forward.
FAQs About How to File for Divorce in Tennessee
How Much Does It Cost to File for Divorce in Tennessee?
Costs vary to file for divorce in Tennessee, depending on the county and whether children are involved. Additional fees you may need to account for are potential attorney fees, service of process fees, mediation hourly fees, and divorce education class fees. The latter is only needed in Tennessee if you have minor children.
What Is the Fastest Way to Get a Divorce in Tennessee?
Usually, in Tennessee, the fastest way to get a divorce is to file for an uncontested divorce based on irreconcilable differences. However, you and your spouse will need to agree on all terms, including those for custody and property division. It’s also worth knowing that the process can take as little as 60 days if there are no minor children or property shared between spouses.
How Long Do I Have to Be Separated to Get a Divorce in TN?
Unlike other US states, Tennessee doesn’t require you to have been separated for a specific period of time before you file for divorce. If grounds exist, you can file immediately. However, if you have been separated from your spouse for a two-year period, this may serve as an independent ground for divorce in certain cases, rather than requiring you to file under ‘irreconcilable differences’.
What Are the Requirements to File for Divorce in Tennessee?
If you want to file for divorce in Tennessee, it’s mandatory for at least one spouse to reside in the state for at least six months prior to filing for divorce. You also need to establish ‘legal grounds’, which usually means determining if it’s irreconcilable differences or fault-based reasons. You’ll also need to file a complaint for divorce with the local chancery, circuit, or sessions court in Tennessee.
Hire a Divorce Lawyer Today
To make things a little easier on yourself, you might want to hire a family lawyer in Tennessee. Divorce proceedings can be a little complicated and drawn out, especially if you’re unsure of what to do or make mistakes. At Story & Abernathy, PLLP, our team of attorneys works together to get you the results you deserve. We have experience with high-asset divorces and are Rule 31 certified, meaning we can act as mediators.
With decades of experience and a passion for what we do, we work alongside you to help you through what is likely one of the hardest decisions you’ve ever had to make. Book an obligation-free consultation with us, and we can start the process.
