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Divorce in Tennessee can seem daunting, but understanding the state’s specific laws can make it more manageable. This page is designed to offer a clear picture of Tennessee’s divorce procedures and laws. For further details, we’ve included links to more resources.
Divorce Laws in Tennessee
Tennessee offers both no-fault and fault-based divorce options. A no-fault divorce can be based on “irreconcilable differences.” Fault-based reasons include adultery, cruelty, or abandonment. To file for divorce in Tennessee, one spouse must have lived in the state for at least six months.
Tennessee has a unique feature—a mandatory waiting period of 60 days if there are no minor children and 90 days if there are.
Process of Filing for Divorce
To initiate a divorce in Tennessee, you file a “Complaint for Divorce” in your county’s circuit or chancery court. If you have children, there may be additional forms. After filing, you need to legally serve these documents to your spouse. Each county in Tennessee might have different requirements, so it’s wise to check.
Child Custody and Support
In Tennessee, child custody is determined based on the child’s best interests. Factors like the child’s relationship with each parent, each parent’s ability to provide care, and the child’s adjustment to home, school, and community are considered. Child support calculations follow state guidelines, focusing on parents’ incomes and the child’s needs.
Alimony/Spousal Support
Alimony in Tennessee is not automatic. Courts consider several factors like the length of the marriage, each spouse’s financial situation, and future earning capacity. The goal is to ensure a fair financial situation for both spouses after the divorce.
Property Division
Tennessee follows the “equitable distribution” model for dividing property. This means the court divides property fairly, but not necessarily equally. The court looks at factors like each spouse’s contributions to the marriage and their future financial needs.
Tennessee Divorce Resources
For more in-depth information on divorce in Tennessee, please explore these links. They include valuable insights from Tennessee’s family law courts, government resources, and legal aid options.
Article: How Much Does a Divorce Cost in TN
Tennessee Legal Aid:
https://www.tn.gov/humanservices/division-ofappeals-and-hearings/dhs-appeals-legal-aid.html
Tennessee Divorce Forms:
(Most forms can be found here: https://www.tncourts.gov/forms-publications)
No Children:
- Complaint for Divorce (Form 1)
- Summons (Form 8)
- Spouses’ Personal Information (Form 2)
- Divorce Agreement (Form 5)
- Court Order for Divorcing Spouses (Form 7)
- Final Decree of Divorce (Form 6)
With Children:
- Complaint for Divorce with Children (Form 3)
- Summons (Form 8)
- Spouses’ Personal Information (Form 2)
- Parenting Plan (Form 4)
- Divorce Agreement with Children (Form 5)
- Court Order for Divorcing Spouses (Form 7)
- Final Decree of Divorce (Form 6)
Additional Forms:
- Motion to Set Case for Hearing (Form 9)
- Proof of Service (AOC-133)
- Entry of Appearance (AOC-135)
- Domestic Relations Motion and Order (AOC-160)
- Financial Disclosure Affidavit (AOC-104)
Links:
- Court Forms: https://www.tncourts.gov/forms-publications
- Instructions for Agreed Divorce:
Disclaimer
This page provides general guidance on divorce laws in Tennessee and is not meant to be taken as legal advice.
