How Does Divorce Work in Tennessee? A Step-by-Step Guide

A Tennessee divorce involves considerably more than simply filing paperwork to end a marriage. Depending on the circumstances, the process may require spouses to address property and debts, alimony, child custody, parenting time, child support, and other financial and family issues before a Final Decree of Divorce can be entered.

Some divorces can be resolved by agreement. Others require litigation and ultimately a trial. Understanding the basic stages of a Tennessee divorce can help spouses know what to expect and make more informed decisions as their case progresses.

Step 1: Filing a Complaint for Divorce

A Tennessee divorce generally begins when one spouse files a Complaint for Divorce in the appropriate court.

The spouse who files the case is generally identified as the Plaintiff, while the other spouse is identified as the Defendant.

The complaint provides information concerning the marriage and identifies the legal grounds upon which the divorce is sought. Tennessee Code Annotated § 36-4-101 recognizes numerous grounds for divorce, including adultery, inappropriate marital conduct and other statutory grounds. Tennessee also permits divorce based upon irreconcilable differences when the statutory requirements for an agreed divorce are satisfied.

The particular grounds alleged can depend upon the circumstances of the marriage and whether the parties expect the divorce to be contested.

Step 2: Service of the Divorce Papers

Filing the complaint begins the court case, but the other spouse must generally receive proper notice of the proceeding.

This is ordinarily accomplished through service of process unless service is appropriately waived or otherwise handled in accordance with Tennessee law.

After service, the responding spouse has an opportunity to file an Answer and, when appropriate, a Counter-Complaint for Divorce.

A divorce does not automatically become uncontested merely because one spouse fails to respond. Tennessee courts have recognized that proof may still be required before a divorce is granted on grounds other than irreconcilable differences.

Step 3: The Statutory Injunctions Take Effect

Tennessee divorce complaints are subject to statutory injunctions designed to preserve the status quo and protect both parties while the divorce is pending.

These restrictions can affect such matters as transferring or disposing of marital property, canceling certain insurance coverage, and harassing or threatening the other spouse.

The practical point is important: once divorce proceedings begin, spouses should be cautious about making significant financial or personal decisions that could affect marital assets, insurance, or the other party.

Step 4: Addressing Temporary Issues

A divorce can take months to resolve, particularly when substantial issues are disputed. Families often cannot simply wait until the final hearing to determine how important matters will be handled.

Temporary issues may therefore need to be addressed while the case is pending.

Depending upon the circumstances, those issues can include:

• Temporary parenting arrangements;
• Child support;
• Spousal support;
• Responsibility for household expenses;
• Possession of the marital residence;
• Use of vehicles or other property; and
• Other matters necessary to maintain stability while the case proceeds.

Temporary orders generally govern the parties while litigation is pending and do not necessarily determine the final outcome.

Step 5: Identifying and Dividing Marital Property

Property division is frequently one of the most significant parts of a Tennessee divorce.

Tennessee distinguishes between marital property and separate property. Under Tennessee Code Annotated § 36-4-121, the court may equitably divide marital property between the spouses.

An equitable division does not necessarily mean that every asset must be divided exactly 50/50.

The analysis can involve identifying the property owned by the parties, determining whether particular assets are marital or separate, establishing values, and determining an equitable distribution.

Property issues can involve:

• The marital residence;
• Other real estate;
• Bank accounts;
• Retirement accounts;
• Vehicles;
• Businesses;
• Investments;
• Personal property; and
• Marital debts.

Issues become more complicated when separate and marital funds have been combined, property was acquired before the marriage but changed during the marriage, or one spouse owns an interest in a business.

Step 6: Determining Whether Alimony Is an Issue

Spousal support, commonly called alimony, may also be an issue.

An award of alimony is not automatic in every Tennessee divorce. Whether support is appropriate depends upon the circumstances of the parties and the applicable statutory considerations.

Those circumstances may include the parties’ relative earning capacities, financial resources, education and training, length of the marriage, standard of living established during the marriage, and other relevant factors.

Because alimony can significantly affect both parties’ finances after divorce, it should be evaluated alongside property division rather than viewed entirely in isolation.

Step 7: Establishing a Parenting Plan When Children Are Involved

When divorcing spouses have minor children, the divorce must also address their parenting arrangements.

Tennessee generally uses a Permanent Parenting Plan to establish the residential schedule and allocate parental responsibilities.

The plan can address:

• Regular parenting time;
• Weekends;
• Holidays;
• School breaks;
• Summer schedules;
• Transportation and exchanges;
• Major decision-making responsibilities; and
• Child support.

If the parents cannot agree upon a parenting plan, the court can determine the disputed provisions based upon the child’s best interests.

We discuss this subject in considerably more detail in our [How Does Child Custody Work in Tennessee?] guide.

Step 8: Discovery and Gathering Financial Information

When important facts are disputed, the parties may use the discovery process to obtain information relevant to the case.

Discovery can include written interrogatories, requests for production of documents, requests for admission, subpoenas and depositions.

Financial discovery may be particularly important when determining the value and extent of marital property, income, business interests, retirement accounts or debts.

The complexity of discovery varies substantially from case to case. A marriage with limited assets and complete financial transparency may require far less discovery than a case involving businesses, substantial investments or disputed property.

Step 9: Negotiation and Mediation

Filing a contested divorce does not necessarily mean the case will ultimately be decided at trial.

Many disputed divorce cases are resolved through negotiation or mediation.

Mediation allows the spouses and their attorneys to work with a neutral mediator in an effort to resolve some or all of the disputed issues.

Potential settlement topics can include property division, allocation of debts, alimony and parenting arrangements.

Settlement also allows the parties to retain greater control over the final terms instead of asking a judge to decide every disputed issue.

If the spouses reach a complete agreement, the terms concerning their property and financial matters are commonly incorporated into a Marital Dissolution Agreement. When minor children are involved, the parties may also submit an agreed Permanent Parenting Plan.

Step 10: The Waiting Period

A Tennessee divorce cannot necessarily be finalized immediately after filing.

For an irreconcilable-differences divorce, Tennessee’s statutory procedure provides a minimum waiting period. Generally, the case cannot be heard until at least:

• 60 days after the complaint is filed when the parties have no unmarried minor children; or
• 90 days after filing when the parties have unmarried minor children.

Tennessee court materials expressly recognize these waiting periods.

These are minimum waiting periods, not promises that a divorce will be completed within 60 or 90 days.

A contested case can take considerably longer depending upon discovery, negotiations, court scheduling, expert evaluations, custody disputes, property valuation and the other circumstances of the case.

Step 11: Settlement or Trial

Ultimately, the unresolved issues must either be settled or decided by the court.

If the Spouses Reach an Agreement

When the parties resolve their disputes, appropriate settlement documents can be prepared and presented to the court.

For an agreed divorce based upon irreconcilable differences, Tennessee court materials contemplate a written agreement resolving the parties’ property rights. When minor children are involved, a Permanent Parenting Plan and child-support documentation are also generally required.

The court must still approve the divorce and enter a Final Decree.

If the Spouses Cannot Agree

If material issues remain unresolved, the case may proceed to trial.

At trial, the parties can present testimony, documents and other admissible evidence concerning the disputed issues. The judge then makes the necessary determinations under Tennessee law.

Those determinations may include property division, alimony and, when children are involved, the provisions of the parenting plan.

Step 12: Entry of the Final Decree of Divorce

A marriage is not legally terminated merely because the spouses have separated, reached a settlement, or attended mediation.

The divorce becomes final when the court grants the divorce and enters the appropriate Final Decree of Divorce.

The decree, together with any incorporated Marital Dissolution Agreement and Permanent Parenting Plan, establishes the parties’ rights and obligations following the divorce.

After entry of the decree, both parties should understand exactly what the judgment requires. Certain obligations—such as transferring property, refinancing debts, dividing retirement accounts or completing other settlement terms—may still require additional action after the divorce itself is granted.

How Long Does a Tennessee Divorce Take?

There is no single timeline that applies to every Tennessee divorce.

A relatively straightforward agreed divorce may be completed after the applicable statutory waiting period and once the necessary documents and hearing requirements are satisfied. Tennessee’s Supreme Court-approved materials for qualifying agreed divorces without children instruct parties to wait at least 60 days before proceeding toward the final hearing. Tennessee Courts

A contested divorce may take substantially longer.

The timeline can be affected by:

• The number of disputed issues;
• The extent of marital property;
• Business or real-estate valuation;
• Discovery disputes;
• Child custody disagreements;
• Mediation and settlement negotiations;
• Expert witnesses; and
• The court’s schedule.

For that reason, the 60- or 90-day statutory period should not be confused with an expected completion date.

Do Both Spouses Have to Agree to Get Divorced in Tennessee?

Not necessarily.

Tennessee recognizes statutory grounds for divorce beyond irreconcilable differences. A spouse therefore does not necessarily have the ability to prevent a divorce indefinitely simply by refusing to sign an agreement.

However, an irreconcilable-differences divorce is an agreed procedure. When the spouses cannot resolve the issues necessary for an agreed divorce, the case may proceed on other pleaded grounds and disputed issues may have to be resolved through litigation.

Tennessee appellate authority confirms that, absent an appropriate stipulation, proof of the alleged facts is required before a court grants a divorce on a ground other than irreconcilable differences.

Should You Hire an Attorney for a Tennessee Divorce?

The appropriate level of legal assistance depends upon the circumstances.

Divorce can affect property ownership, debt responsibility, retirement benefits, support obligations and a parent’s future relationship with his or her children. Agreements made during the divorce can therefore have consequences long after the case ends.

A Tennessee divorce attorney can help identify the legal and financial issues involved, prepare court documents, conduct discovery, negotiate settlement terms, prepare parenting arrangements and present disputed matters to the court when necessary.

Even when spouses expect to reach an agreement, obtaining legal advice before signing a Marital Dissolution Agreement or Permanent Parenting Plan can help ensure that the long-term consequences are understood.

Speak With Daniel Law About a Tennessee Divorce

Daniel Law, PLLC represents clients in divorce and family-law matters in Waverly, Humphreys County and surrounding Middle Tennessee communities.

Whether you are considering divorce, have already been served with divorce papers, or need assistance resolving property, support or parenting issues, contact Daniel Law, PLLC to schedule a consultation.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Tennessee law may change, and the application of the law depends upon the particular facts and circumstances of each case.