Divorce in Tennessee: Laws, Requirements, and Process
A complete guide to getting a divorce in Tennessee. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 60 days from filing (with no minor children); 90 days from filing (with minor children).
- Filing fee: $250 - $350.
Grounds for Divorce
Tennessee allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Fault-Based Grounds
Tennessee also recognizes these fault-based grounds for divorce:
- Adultery
- Willful desertion for one year
- Conviction of a felony and imprisonment
- Habitual drunkenness or drug addiction after marriage
- Cruel and inhuman treatment or unsafe cohabitation
- Bigamy
- Attempting to take the life of the other spouse
- Refusal to move to Tennessee and absence for 2 years
- Pregnancy by another at time of marriage (unknown to husband)
- Indignities rendering the spouse's condition intolerable
- Abandonment or neglect
- Impotence
Residency Requirements
6 months in the state.
Property Division
Tennessee is an equitable distribution state. Tennessee follows equitable distribution. Courts divide marital property fairly based on the duration of the marriage, each party's age and health, each party's earning capacity, the contribution of each party to the acquisition of marital property, the value of each party's separate property, and the tax consequences. Tennessee also offers an opt-in community property trust option.
Alimony / Spousal Support
Tennessee courts may award four types of alimony: rehabilitative, transitional, alimony in solido (lump-sum), and alimony in futuro (long-term). Courts consider the relative earning capacity of each party, the need of the disadvantaged party, the obligations and assets of each party, the duration of the marriage, and any fault-based marital misconduct.
Child Custody
Tennessee courts determine custody based on the best interest of the child using statutory factors including the love and emotional ties between the child and each parent, the importance of continuity, the stability of the family unit, the mental and physical health of the parties, the moral, physical, and emotional fitness of each parent, and the child's reasonable preference.
Child Support
Tennessee uses the income shares model. Child support guidelines consider both parents' adjusted gross incomes, the number of children, the parenting time schedule, and costs for health insurance, childcare, and other extraordinary expenses.
Filing Fee
The filing fee for divorce in Tennessee is $250 - $350. Fee waivers may be available for those who cannot afford to pay.
Tennessee court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Tennessee?
Tennessee allows no-fault divorce based on irreconcilable differences. The state also has numerous fault-based grounds including adultery, desertion, cruelty, habitual drunkenness, bigamy, attempted murder, and others.
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How long do you have to live in Tennessee to file for divorce?
At least one spouse must have been a resident of Tennessee for at least 6 months before filing the complaint for divorce.
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How is property divided in a Tennessee divorce?
Tennessee uses equitable distribution. Courts divide marital property fairly based on each party's contributions, the length of the marriage, and other factors. Tennessee also offers an opt-in community property trust option.
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How long does a divorce take in Tennessee?
Tennessee has a 60-day waiting period for couples without minor children and a 90-day waiting period for couples with minor children. Uncontested divorces can be finalized shortly after the waiting period. Contested cases take longer.