Tennessee Divorce Basics: Laws, Process & Helpful Resources

If you're facing a divorce in Tennessee, the hardest part is often figuring out which rules matter first and where to find reliable help. This guide cuts through that confusion by walking you through the legal basics, the forms and professionals involved, and the state resources that can support you along the way. From residency requirements and grounds for divorce to child support tools, parenting classes, and recovery support, this article prepares you for both the legal process and the decisions that follow. 

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Divorce Laws in Tennessee

By WomansDivorce Editors

Annulment

An annulment declares that a marriage is not legally valid. In Tennessee, marriages subject to annulment are either void or voidable. If the marriage is found to be void due to a violation of public policy or voidable at the discretion of the "victimized" party, an annulment may be granted.

Void marriages include marriages between close relatives, bigamous marriages in which a prior marriage has not been dissolved, or if the marriage was prohibited by law.

Voidable marriages occur when a person is between the ages of 16 and 18 and doesn't have a parent or guardian's consent to marry. A marriage may also be voidable if a party lacks the competency to consent to be married due to drunkenness, insanity, or a low IQ. A marriage may also be voidable if it was entered into due to fraud or duress or if the defendant was impotent.

Residency requirements for Divorce

For a divorce to be granted in Tennessee,

• either spouse must reside in the state for at least 6 months before filing, or 
• if the plaintiff is a resident of Tennessee when the grounds for divorce occurred.

Military members and their spouses who stationed in Tennessee for at least one year qualify as residents.

Where to File

The petition for divorce may be filed in the chancery or circuit court in the county where the couple lives. If a couple has separated, the petition should be filed in the county where the defendant resides. If the defendant is not a resident of Tennessee, then the petition is filed in the county where the applicant resides. 

Legal separation

Getting a legal separation is an option if you're not ready for the finality of divorce. A legal separation doesn't affect the bonds of matrimony, but allows the parties to live apart. A legal separation can address child custody, visitation, support and property issues.

If more than 2 years has passed since an order for a legal separation was granted, either spouse can convert the legal separation into divorce without the other spouse’s consent.

Grounds for divorce from bonds of matrimony

A divorce may be granted in Tennessee for the following causes:

• Irreconcilable differences
• Living separate and apart for at least 2 years if no minor children are involved
• Adultery
• Willful desertion for at least a year
• Impotency
• Bigamy
• Conviction of a infamous crime
• Conviction of a felony resulting in confinement in a penitentiary
• Attempted murder of the other spouse
• Intentional refusal to move to Tennessee for 2 years, without a valid reason, while the other spouse has resided in the state
• The wife was pregnant with another man's baby and the husband was unaware of that fact when they married
• Habitual drunkenness or drug abuse occurring after the marriage
• Cruel and inhuman treatment rendering cohabitation unsafe or unbearable
• Spousal neglect or failure to provide for the other spouse while having the ability to do so.

Division of marital property

Tennessee is an equitable distribution state, which means that if the couple can't reach a property agreement, a judge will distribute the couple's property in a way that is fair, without marital fault being considered.

Marital property includes all assets, property, and debts the couple acquires after the marriage date. Property not divisible in a divorce is considered separate property. Separate property includes assets owned prior to the marriage, assets acquired by gift, bequest, devise or descent, awards for pain and suffering or crime compensation, and property acquired after a legal separation.

Some of the factors the court will consider in making equitable division of marital property are:

• The duration of the marriage.
• Each spouse's age, physical and mental health, occupational skills and employability, earning capability, assets and financial liabilities, and financial needs.
• A spouse's contribution to the education or increased earning power or the other spouse.
• Each spouse's estate when they married and the value of their separate property.
• The contributions of each spouse to the acquisition or depreciation of the marital estate, including contributions as a wage earner, homemaker or parent.
• Each party's economic circumstances after the division of property becomes effective, as well as their ability to obtain income and assets in the future.
• The amount of social security benefits available to each spouse.
• Any tax consequences associated with the foreseeable sale of a marital asset.

The court gives special consideration to the spouse who has primary custody of the children in regard to occupying the family home.

Alimony

Alimony may be ordered in a legal separation or divorce in Tennessee based on the financial needs of each spouse and their ability to meet those needs. And the court considers a spouse's contributions to the marriage as a parent or homemaker are of equal importance as economic contributions to the marriage.

If a spouse suffered an economic disadvantage for the benefit of the marriage, the court may find that the economically disadvantaged spouse's standard of living after the divorce should be reasonably comparable to the standard of living enjoyed during the marriage.

The court may award four types of alimony: 

• Rehabilitative alimony to allow an economically disadvantaged spouse the time to achieve an earning capacity to be self-supporting; 
• Alimony in futuro, also know as periodic alimony, may be awarded either in addition to rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where the supported spouse will be unable to earn enough to become self-supporting ;
• Transitional alimony may be awarded when the court finds that rehabilitation isn't necessary, but the disadvantaged spouse needs assistance to adjust to reduced resources resulting from the divorce or legal separation; 
• Alimony in solido, also known as lump sum alimony, is a form of long term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Lump sum alimony may be paid in installments if the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse. 

The court may award more than one type of alimony if it's warranted. Alimony may be modified based on the type of alimony awarded, the terms of the court's decree or the terms of the parties' agreement. Generally, alimony will cease upon the death of the paying spouse or the death or remarriage of the recipient. In some situations, cohabitating in a conjugal relationship by the recipient will also terminate alimony.

Parenting seminar for parents of minor children

In all court actions involving minor children in Tennessee, the court may order the parents to attend an educational seminar covering the effects of the dissolution of marriage on their children. The minor children may not attend these seminars.

Child Custody

It is generally best for the parents to reach their own arrangements regarding custody and parenting-time issues. If they are unable to come to an agreement, it must be decided by the court.

Courts decide custody based on the best interests of the child, and consider factors such as the parent-child relationship, stability of each home, and the ability of each parent to care for the child. If a child is over the age of 12, the court will take his or her preferences regarding custody into consideration, with greater weight given to the preferences of an older child.

It should be noted that the determination of custody is made without regard to the sex of a parent. The parent with whom the children reside is the "primary residential parent" and the non-custodial parent is the "alternate residential parent". Custody may be modified in the future if there is a material and substance change in circumstances for either parent.

Child Support

Tennessee uses the Income Shares Model for calculating support obligations, ensuring that both parents contribute to the support of their children. The amount of child support will depend on how much both parents make, how many minor children there are from the marriage, and child-related expenses such as insurance, medical care, and child care.

The child support guidelines presume a standard custody arrangement in which the children live with the custodial parent and stay with the non-custodial parent every other weekend, 2 weeks during various holidays, and 2 weeks in the summer. However, the guidelines also account for different parenting situations and allow for adjustments as appropriate. The child support worksheet found at the top of this page will automatically calculate the parenting time adjustment based on the information that is entered on the worksheet.

For child support to be modified there must be a significant change in circumstances which would result in at least a 15% difference between the current support order and a new support order based on the parents current circumstances. Child support usually ceases when the child turns 18 or graduates, but may continue for a disabled child.

Reference: Tennessee Code Title 36 - DOMESTIC RELATIONS

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Parenting Classes

Mandatory Education Seminar for Divorcing Parents

Most Circuit and Chancery Courts in Tennessee require parents going through a divorce or separation to attend a parenting workshop which focuses on minimizing the negative impact of marital separation on their children. The local Court Clerk will give you information on providers, times and locations of parenting seminars in your area. You can learn more about the different programs, dates, and locations on some programs below:

• Davidson and Rutherford Counties - Provided by the Family Center TN. Murfreesboro Office - 615-890-4673. Nashville office - 615-333-2644.
• Hamilton County - Parents must attend the seminar in person, as online parenting courses are not accepted in this jurisdiction. (423) 209-6658
• Knox County - List of various parenting seminars in the area.
• Parenting Skills Institute - Offering classes in Nashville, Franklin, Gallatin, Goodlettsville, and Hendersonville. Call (615) 824-8369 or (615) 874-3786 for more information.

Domestic Abuse Resources

TN Coalition to End Domestic & Sexual Violence 

Divorce Support Groups

TN Divorce Groups
Discover various divorce and separation support groups throughout the state. You can also find services for court-ordered parenting programs and more.

Or find other area support groups such as Divorce Care, Rainbows and DivorceCare for Kids, as well as domestic violence support.