Tennessee State Divorce Laws

Those filing a petition for divorce in Tennessee must have lived in the state when the grounds for divorce took place or, if the grounds took place while they lived in another state, they must have been a resident of the state for 6 months in order to file such a petition with the Domestic Relations Court.

Tennessee Grounds for Divorce

Tennessee is a no-fault divorce state, so while there is no option for spouses to file for a no-fault divorce, there are several grounds to file a no-fault divorce:

• The marriage must be irretrievably broken

Uncontested Divorce in Tennessee

One spouse may file a no-fault divorce based on irreconcilable differences if it is not contested by the other party. Simplified divorces may also be filed on no-fault grounds when both spouses sign a notarized Marital Settlement Agreement. A hearing may take place shortly after the signed petition in:

• 60 days if there are no minor children
• 90 days if there are minor children involved and both spouses make “adequate and sufficient provision for the care and custody of any minor children and for the adequate settlement of their property”

Contested Divorce in Tennessee

A contested divorce requires much more negotiation or litigation to reach agreements on the key elements of the divorce. All of this takes additional time and more formal settlement agreements. It may require that both parties have a divorce attorney to ensure they are properly represented throughout the process of a contested divorce.

Annulment in Tennessee

In Tennessee, it is possible to terminate, or annul, a marriage in such as way as to legally appear as if it never occurred. Having a marriage declared null and void is generally much more difficult, and one or more of the following specific grounds are required:

• Prior marriage
• Incest
• Incurable insanity
• Duress or fraud
• Underage marriage, for those under 18 without parental permission, or for anyone under 16 without a court order
• Impotency
• Pregnancy by another man

No Fault Divorce in Tennessee

In Tennessee, divorces can be granted on no-fault grounds, including:

• Irreconcilable differences
• Living separate and apart for 2 years without cohabitation and without minor children

Tennessee Fault Divorce

In certain situations, couples may still seek a fault-based divorce in Tennessee, based on one or more of the following grounds:

• Impotence
• Adultery
• Felony conviction or incarceration
• Drug or alcohol addiction
• If the wife is pregnant by another man, without the husband’s knowledge, at the time of the marriage
• Wilful desertion for 1 year or more
• Bigamy
• Endangering the life of the spouse
• Conviction of an infamous crime
• Refusing to move into the state with a spouse or wilfully refusing to take up residence in a new home for 2 years or more
• Cruel and inhuman treatment
• Causing a spouse to suffer indignities that make life intolerable
• Abandonment, neglect, or refusing to allow the spouse into the home

Tennessee Divorce and Child Custody

Child Custody Laws

With the best interests of the child as the highest priority, Tennessee requires courts to consider the following issues in child custody decisions:

• The emotional ties between parents and children
• Each parent’s ability to provide for the child
• The child’s ability to adjust to a new and changing home, school, and community environment
• The parents’ ability to provide a stable home environment, as well as their own mental and physical health
• The child’s preferences, if they are 12 years old or older
• Any evidence of abuse
• The character of any other residents in either home
• The parents’ ability to encourage a relationship with the other spouse, as well as their parenting skills

Child Alimony

Child support is based on the “Income Shares” Model, which may include court-ordered health care by one or both parents.

Tennessee Divorce Spousal Support

The factors taken into consideration by Tennessee courts in relation to spousal support include:

• The parents’ earning capacity, obligations, needs, and resources
• The parents’ relative earning capability and the need for a dependent spouse to receive further education or training in order to have a sufficient earning capacity
• The duration of the marriage
• The parents’ age, as well as their mental and physical capacity
• The ability of a custodial parent to work outside the home while caring for a minor child
• The parents’ property settlement
• The standard of living enjoyed by the family during the marriage
• The contributions a homemaker made to the education, training, and earning power of the primary wage earner
• The parents’ marital conduct during the marriage

Lump Sum Alimony

Determined at the discretion of the court

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Tennessee

Spouses in the military are protected by Tennessee law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help from a Tennessee Divorce Lawyer?

When a marriage is broken, it is always easier if the parties can come to a equitable settlement of property, child custody, alimony, and child support on their own. However, in many cases these complex issues need legal and emotional mediators to help come to an appropriate agreement. An experienced Tennessee divorce lawyer can either provide that mediation or bring in additional experts to help bring the divorce to a conclusion that everyone can live with.