Divorce in Tennessee: How It Works, Step by Step (2026 Guide)

Tennessee family law · Last reviewed November 2, 2026

A Tennessee divorce starts with a complaint for divorce filed in the circuit or chancery court. Most divorces that end by agreement are granted on the ground of irreconcilable differences, and that route has two firm requirements: a written marital dissolution agreement (MDA) that the judge approves, and a wait. The complaint must have been on file 60 days before the hearing if you have no unmarried child under 18, or 90 days if you do.

When spouses can't agree, the divorce goes forward on a fault ground or to trial, and the judge decides property, alimony and the children. Couples with minor children also need a permanent parenting plan and a parent education class.

Tennessee's divorce law is in Title 36 of the Tennessee Code Annotated. Procedure follows the Tennessee Rules of Civil Procedure, which this site hosts.

Tennessee divorce at a glance

Question	Answer	Source
Residency	One or both spouses in Tennessee for the past six months, or both living here when the grounds arose (the court packets' summary)	§ 36-4-104; court-approved packets
Grounds	Irreconcilable differences, or one of the fault grounds in § 36-4-101	§§ 36-4-101, 36-4-103
Waiting period	On file 60 days before the hearing (no unmarried child under 18) or 90 days (with one), counted from the original filing	§ 36-4-103(c)
Agreement	Irreconcilable differences needs a written agreement the court finds adequate for the children and equitable for property	§ 36-4-103(b)
Time to answer	30 days after service	Rule 12.01
Filing fee	Statewide clerk's fee $175 (no minor children) or $250 (with), plus local litigation taxes and service	§ 8-21-401(b)
Property	Marital property divided equitably, without regard to marital fault	§ 36-4-121
Alimony	Rehabilitative, in futuro, transitional or in solido; no formula	§ 36-5-121
Child support	Income-shares Child Support Guidelines, effective October 1, 2021	Tenn. Comp. R. & Regs. 1240-02-04
Children	Permanent parenting plan, decided on the child's best interest	§§ 36-6-106, 36-6-401 et seq.

Who can file

Tennessee's residency statute is § 36-4-104. We could not check its current official text, which the state publishes only through a commercial site's terms page, so here is how the Supreme Court's own agreed-divorce packets put it: one or both spouses must have lived in Tennessee for at least the past six months, or both of you lived in Tennessee when you decided to divorce. If you have children, the packet adds that the children should have lived here for at least six months, which matters for the court's power to decide custody.

File in the circuit or chancery court. The county clerk can tell you which court in your county hears divorces and whether your county is the right one.

The grounds

Irreconcilable differences is Tennessee's agreed, no-fault route. You can plead it alone or alongside a fault ground (§ 36-4-103(f)). But if your spouse contests or denies it, the court can grant an irreconcilable-differences divorce only when a properly executed marital dissolution agreement is presented (§ 36-4-103(e)).

The fault grounds are listed in § 36-4-101, and § 36-4-129 deals with stipulating to grounds. We could not obtain the current official text of either section, so this guide doesn't list or paraphrase them. If your divorce will be contested, have a lawyer check them against the current Code.

Routes to a Tennessee divorce

Agreed divorce with the court-approved forms. The Tennessee Supreme Court has approved two packets, one for couples without children and one for couples with children, that every Tennessee court hearing divorces must accept. They're only for spouses who agree on everything and own no real property, business or retirement benefits. See uncontested divorce.
Irreconcilable differences with your own MDA. Couples with a house, a pension or a business can still divorce by agreement. A lawyer usually drafts the marital dissolution agreement, and, with children, a permanent parenting plan.
Default. If your spouse is served and doesn't answer within 30 days, you can apply for a default judgment, with five days' written notice (Rule 55.01).
Contested divorce. Whatever you can't settle, a judge decides after discovery, mediation and a trial.

Every irreconcilable-differences divorce shares the 60- or 90-day wait. See how long it takes.

What happens to property, support and children

Property. The court divides marital property equitably, without regard to marital fault, after first setting aside each spouse's separate property. See property division.
Alimony. Tennessee has four kinds, and the law prefers rehabilitative alimony where it's possible. See alimony.
Child support. Set under the Child Support Guidelines, an income-shares model, with the state's official calculator. See child support.
Children. Tennessee uses parenting plans: a residential schedule, a primary residential parent and a division of decision-making. See custody and parenting plans.

The statutory injunction

While a divorce is pending, Tennessee law puts both spouses under a statewide injunction (§ 36-4-106; we could not check the statute's current text). The court-approved Form 7, titled "Restraining Order for Divorcing Spouses (Statutory Injunction)", tells both of you not to harass or threaten each other; not to run down your spouse to or in front of the children; not to sell, hide or borrow against property except for ordinary living and business expenses; not to move the children out of Tennessee or more than 50 miles from the marital home without an order or your spouse's agreement; and not to cancel or let lapse insurance covering either of you or the children.

What changed in 2025 and 2026

Filing fees. Public Chapter 486 (2025) rewrote the clerks' fee schedule in § 8-21-401. The statewide divorce component is $175 or $250 from January 1, 2026, rising to $200 or $275 in 2027 and $225 or $300 in 2028.
Best-interest factors. Public Chapter 683 (2026), effective July 1, 2026, makes the child's best interest "always" paramount and adds a factor on meaningful parenting time for each parent, while creating no presumption about parenting time.
Findings in temporary orders. Public Chapter 758 (2026), effective April 16, 2026, requires written findings on the parenting-plan limitations in § 36-6-406 in temporary custody orders as well as permanent ones.
Child support after 18. Public Chapter 870 (2026), effective April 27, 2026, keeps support going while a child is in high school but never past 19, except for a disabled child.
Unpaid support and custody. Public Chapter 321 (2025) lets the court weigh any failure to pay court-ordered child support, not only failures lasting three years or more.

Our sweep of every 2025 and 2026 public chapter found no change to the divorce statutes in Title 36, chapter 4, to the property statute or to the alimony statute.

Frequently asked questions

How long do you have to live in Tennessee to get divorced?

The court's agreed-divorce packets say one or both spouses must have lived in Tennessee for at least the past six months, or both of you lived here when you decided to divorce. The statute, § 36-4-104, has the controlling wording.

Is Tennessee a no-fault divorce state?

Partly. Irreconcilable differences is a no-fault ground, but it works only by agreement: if your spouse contests it, you need a signed marital dissolution agreement or a fault ground. Property is divided without regard to marital fault; fault can be weighed in setting alimony.

How fast can I get divorced in Tennessee?

An irreconcilable-differences divorce can't be heard until the complaint has been on file 60 days, or 90 days if you have an unmarried child under 18. Most take longer, depending on the court's calendar.

Do I need a lawyer to get divorced in Tennessee?

No. The Supreme Court's agreed-divorce forms are written for people without lawyers, but only for spouses who agree on everything and own no real property, business or retirement benefits. Anyone with those assets, or a dispute, should get legal advice.

Does Tennessee have legal separation?

Yes. Section 36-4-102 provides for it; we could not check its current text, so this guide doesn't describe its terms.

Is Tennessee a community property state?

No. Tennessee divides marital property equitably, not automatically in half, using the factors in § 36-4-121(c).

Where these sections live

How this page is sourced. Every legal statement here comes from the Tennessee statutes, court rules, Tennessee Supreme Court-approved divorce forms and official court and agency pages it cites and links. Text in block quotes is copied exactly from the official source; everything else is original writing. Fees and dollar limits are as of November 2, 2026.

This page explains what the law says. It is legal information, not legal advice, and it cannot tell you how the law applies to your situation. Family law turns on facts, and some deadlines cannot be extended — if the outcome matters, talk to a family lawyer or your court’s self-help center.