How Long Does a Divorce Take in Tennessee? The 60- and 90-Day Waits
Tennessee family law · Last reviewed November 2, 2026
Tennessee's waiting period runs from filing, not from service, and it depends on whether you have children. The rule is in § 36-4-103(c)(1):
Bills for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age.
You don't have to live apart before you file. The clock starts on the day the original complaint is filed, even if irreconcilable differences is added to the complaint later. The wait is a minimum; the court's calendar decides the real date.
Tennessee divorce date calculator
Tenn. Code Ann. § 36-4-103(a)(2) and (c)(1) · Tenn. R. Civ. P. 6.01, 12.01 and 55.01 · the earliest dates the law allows, not a prediction of when the court will hear your case
The timeline step by step
| Step | Timing | Source |
|---|---|---|
| Residency | One or both spouses in Tennessee for the past six months, or both here when the grounds arose (the court packets' summary) | § 36-4-104 |
| MDA signed as a waiver of service | Good for 180 days from the last signature | § 36-4-103(a)(2) |
| Answer, if your spouse was served | 30 days after service | Rule 12.01 |
| Default application | Written notice at least five days before the hearing | Rule 55.01 |
| Parent education seminar (with children) | As soon as possible after the complaint is filed; at least four hours | § 36-6-408(a) |
| Earliest hearing | After 60 days on file (no unmarried child under 18) or 90 days (with one) | § 36-4-103(c)(1) |
| Decree | Entered when the clerk marks the signed decree filed for entry | Rule 58 |
| Appeal period | The court packets warn that the order isn't final until 30 days after the judge signs it | Court-approved packets |
How the days are counted
Rule 6.01 applies to periods set by the rules and by statute: leave out the day of the event that starts the period, count the last day, and if the last day is a Saturday, Sunday or legal holiday, the period runs to the next day that isn't. For periods of less than 11 days, such as the five-day default notice, weekends and holidays in between are left out too.
The calculator applies those rules, except that it doesn't know holidays. For the waiting period it shows the 60th or 90th day after filing and the first weekday after it, since the complaint must have been on file for the whole period before the hearing. The court packets put it simply: wait at least 60 days (90 with children), then ask the clerk for a hearing date.
After the decree
The court packets tell divorcing spouses that each side has 30 days to appeal after the final order, and advise against remarrying or buying property during that time. Talk to a lawyer if you need to act sooner.
Frequently asked questions
Is there a waiting period for divorce in Tennessee?
Yes, for divorces on irreconcilable differences: the complaint must have been on file 60 days before the hearing, or 90 days if you have an unmarried child under 18.
Does the waiting period start when my spouse is served?
No. It starts when the original complaint is filed. Service affects only your spouse's 30-day answer deadline.
Can a judge waive the 60- or 90-day wait?
The statute contains no waiver. While you wait, you can ask the court for temporary orders, for example on support.
Do we have to be separated before filing?
Not for irreconcilable differences. You can file while still living together.
When is my Tennessee divorce final?
The decree is entered when the clerk marks the signed decree filed for entry (Rule 58). The court packets add that it isn't final for 30 days, the time allowed to appeal, and advise waiting out that period before remarrying.
How long does a contested divorce take?
There's no statutory answer. Discovery, mediation and the court's trial calendar decide it, and it is usually much longer than an agreed case.