What is the Divorce Process Like in Tennessee?
The decision to end a marriage is never easy. It often comes with a whirlwind of emotions and practical questions, especially about the legal process. The path to a new beginning can feel confusing for those in and around Nashville, Tennessee. We believe you deserve clarity and strong advocacy during this challenging time.
This guide explains the steps of filing for divorce in Tennessee in plain, straightforward terms.
Are There Residency Requirements?
You must meet the state’s residency requirements before filing for divorce in Tennessee. Tennessee law, specifically Tennessee Code Annotated (T.C.A.) § 36-4-104, dictates that at least one spouse must be a state resident for at least six months before filing. Additionally, if the events leading to the divorce (the “grounds”) occurred outside of Tennessee, the person filing must have been a state resident for at least six months before the filing.
What Are Grounds for Divorce?
In Tennessee, a divorce can be granted on one of two types of grounds: no-fault or fault-based.
No-Fault Divorce: This is the most common path. The sole ground is irreconcilable differences. To file this way, both spouses must agree on all divorce terms, including property division, child custody, and support. This can be a more streamlined process if you can fully agree.
Fault-Based Divorce: When a couple cannot agree, one spouse can file for divorce based on the other’s wrongdoing. Tennessee law, T.C.A. § 36-4-101, lists several fault-based grounds, including:
- Adultery
- Willful desertion for a year or more
- Habitual drunkenness or drug use
- Cruel and inhuman treatment or unsafe marital conduct
Using a fault-based ground means you must prove the other spouse’s misconduct in court. This can make the process more complex and time-consuming.
What is the Initial Filing and Waiting Period?
Once you determine the grounds for your divorce, you or your attorney will file a Complaint for Divorce with the court. This document officially starts the legal process. It must be accompanied by a summons that formally notifies your spouse of the lawsuit.
Tennessee law requires a mandatory waiting period from the date the complaint is filed until the divorce can be finalized. The length of this waiting period depends on whether you have minor children:
- No minor children: A 60-day waiting period
- Minor children under 18: A 90-day waiting period
This waiting period allows both parties to decide and reach a settlement.
How to Address the Key Issues in Your Divorce?
Divorce involves more than just dissolving a marriage; it involves resolving complex issues affecting your future.
These issues include:
Division of Marital Property and Debt
Tennessee is an equitable distribution state, meaning that the court will divide marital property fairly but not necessarily equally. A family law court considers many factors, such as the length of the marriage, each person’s financial contributions, and their economic circumstances. Marital property includes assets and debts acquired during the marriage, like homes, cars, bank accounts, and credit card debt.
Separate property, which includes assets owned before the marriage or received as a gift or inheritance, is generally not subject to division. If separate property becomes intertwined with marital assets, it can become part of the divisible estate in Tennessee divorce proceedings.
Child Custody
For divorces involving children, the court’s primary focus is always the child’s best interest. You and your spouse must create a Permanent Parenting Plan. This legally binding document outlines key decisions regarding your children’s lives, including:
- Residential Schedule: Where the children will live and when
- Decision-Making Authority: Who will make major decisions about the children’s education, health care, and religious upbringing
- Child Support: The financial support one parent may pay to the other, calculated using a specific state formula based on income and other factors
If you and your spouse cannot agree on a parenting plan, the court will create one for you. In most cases, courts will require parents to attend mediation to reach an agreement before going to trial.
Alimony
The court may order one spouse to pay alimony (spousal support) to the other to help them transition to a new, independent life. Tennessee law, T.C.A. § 36-5-121, considers several factors when deciding on alimony, including each spouse’s financial needs, ability to pay, length of the marriage, and earning capacity. There are different types of alimony, such as rehabilitative, which helps a spouse gain education or skills to become self-sufficient.
What is the Final Step of the Divorce Process?
Suppose you and your spouse reach a complete agreement on all issues. In that case, you can file a Marital Dissolution Agreement and a Permanent Parenting Plan (if applicable). This is known as an uncontested divorce. The court will review the documents and issue a final decree if everything is in order.
When disagreements on one or more issues arise, the divorce becomes contested. This requires a court hearing or trial, where a judge will make the final decisions on property division, alimony, and child custody. This path can be lengthy and requires meticulous preparation.
Contact Our Family Law Attorneys for Compassionate Legal Support
A divorce is one of the most significant battles you may face. At Community Law Group, PLLC, we believe you shouldn’t have to fight it alone. We have an army of dedicated advocates, and we bring a relentless drive to every case.
We approach each client with deep compassion. But make no mistake, we are also fierce warriors who will fight zealously for your rights. Our mission is to protect what is most important to you, whether that is your financial future or your relationship with your children.
We save lives, we unite families, and we are the voice for those who don’t have one! We are here to listen to your story and help you craft a strategy for a stronger tomorrow. Please do not hesitate to contact us at 615-616-6775 to schedule a consultation.
