CFP®, CDFA® | Divorce Financial Planner and Mediator
Filing for divorce can cause stress and turmoil for you, your spouse, and your loved ones. While thousands of couples file for divorce in Tennessee each year, attempting to dissolve your marriage legally can get even more complicated if you are unfamiliar with state divorce laws.
If you’re a Tennessee resident preparing to file for divorce, or if your spouse has filed for divorce and served you with divorce papers, we highly recommend acquainting yourself with Tennessee divorce laws to prepare for the process.
In this article, the staff of Simplify My Divorce, an online divorce resource organization, explains the Tennessee divorce laws, the legal process, how to file for divorce in Tennessee, and the ins and outs of alimony, child maintenance and custody, and much more.
Table of Contents
Is Tennessee a Fault or No-Fault Divorce State? What You and Your Spouse Need to Know
Unlike many other states, Tennessee does not require fault-based grounds when filing for divorce. The no-fault options allow you or your spouse to file for an uncontested, no-fault divorce without placing blame for marital faults such as adultery or inappropriate marital conduct on either of the parties.
However, Tennessee is not a purely no-fault state, either. Residents filing for dissolution of marriage may allege fault-based grounds for divorce against their spouse, charging that one spouse’s behavior resulted in the breakup.
Grounds for Divorce in Tennessee
No-Fault or Irreconcilable Differences
The Tennessee state laws specify fifteen reasons for dissolution, though only two apply for no-fault options. Couples who choose to move forward with a no-fault decree can file in one of two ways:
- Irreconcilable differences
- Two years of non-cohabitation, with no children under the age of 18.
To file for disunion on the grounds of irreconcilable differences, both parties must agree to get divorced based on irreparable marital issues. As long as both spouses agree to the terms, neither spouse must provide additional proof to receive a divorce.
On the other hand, if a spouse files a complaint that cites separation with no minor children involved, Tennessee divorce courts require each party to have lived in different homes for at least two years.
Couples who are willing to take an amicable route to divorce may either handle the divorce on their own, or they may use a relatively new approach to getting a divorce called collaborative law. The state government defines this as “a voluntary, contractually based alternative dispute resolution process” in which collaborative lawyers represent the spouses as “advocates and counselors during the negotiation process and [for] obtaining court approval.”
Getting a divorce using the collaborative law approach is a much less expensive and less stressful prospect than a contested divorce.
Contested or Fault-Based Divorces
If either party contests the disbandment of the marriage, then the spouse who filed the initial Complaint for Divorce must provide evidence to prove the fault based on:
- Natural impotence resulting in an inability to reproduce
- Bigamy
- Adultery
- Unreasonable and inexplicable absence or desertion for at least one year
- Conviction of an infamous crime
- Conviction of a felony resulting in a jail or prison sentence
- Attempted poisoning or murder
- One party’s refusal to move to Tennessee with the other party, resulting in non-cohabitation without a reasonable cause for at least two years
- The wife’s pregnancy by another man at the time of the marriage, without the spouse’s knowledge
- Habitual drunkenness or abuse of narcotic drugs
- Inappropriate marital conduct, including cruel and inhuman treatment or actions that make living together unsafe
- Indignities to a spouse by the other, forcing the receiving party to withdraw from the union
- Abandonment or neglect
If your spouse refuses to agree to the divorce, then you must provide inarguable evidence proving that your spouse is guilty of the faults cited in your divorce complaint. Your spouse may also file a counter-complaint against you, stating their own reasons for seeking a divorce.
How to Get a Divorce in Tennessee
No matter what type of divorce, both spouses must meet certain eligibility conditions.
Who is Eligible for Divorce in Tennessee?
You may file for divorce in Tennessee immediately after ensuring that you and your spouse satisfy two requirements:
- First of all, you should base your divorce filings on truthful faults or non-contested, no-fault grounds.
- Secondly, you and/or your spouse must have lived in Tennessee for at least six months before filing a Complaint for Divorce.
The Divorce Process: Tennessee Divorce Proceedings
Tennessee residents may receive a divorce in as few as 60 days after filing the initial Complaint for Divorce at the courthouse.
This 60-day window reflects a non-contested divorce in which both parties agree to the terms of the divorce before or during the 60-day period and have no children under the age of 18. In these circumstances, your divorce attorney can go before the judge in court following the 60-day “cooling down” period and request a divorce. Only one party must attend the hearing, resulting in a quick end to the marriage.
If you and your spouse have minor children, Tennessee state divorce law dictates a 90-day waiting period before granting a divorce. However, you may still prepare and agree to the terms before your hearing, which allows your divorce attorney to approach the judge on your behalf and request a formal end to your marriage.
With that in mind, it’s critical to remember that these expedited timelines can vary based on any number of things. In many cases, you may not obtain a divorce hearing for months after filing. Additionally, depositions, mediation, and discoveries of marital property and financial status must occur before going to court, resulting in extended divorce cases that could take years to finalize.
In the event of contested disunion, clients can expect to take the following steps:
- Complete a Divorce Complaint
- File the Complaint for Divorce and pay filing fees
- Serve your spouse with papers
- Undergo discovery and settlement processes
- Attend a parenting educational seminar
- Continue to negotiate a settlement or participate in a Divorce Court trial
Divorce vs. Dissolution: What’s the Difference?
While preparing to file for a divorce, you’ve probably seen the words “divorce” and “dissolution” used interchangeably. In some states, “dissolution” may follow slightly different proceedings. In Tennessee, however, “divorce” and “dissolution” are synonymous, with both resulting in ending your marriage.
Should you and your spouse settle on the terms of your dissolution during out-of-court mediation or collaborative law, a Marital Dissolution Agreement will split all of your assets and debts. You must finalize and sign your MDA before the judge officially grants a divorce.
However, if you and your spouse cannot settle, you must proceed with a divorce trial to determine property division and settle on plans regarding your children before getting a divorce.
Resident Division of Property in Tennessee
During the settlement and discovery process of your trial, your divorce attorneys will gather information regarding your assets and debts. Tennessee law typically dictates an equitable division of marital property, including any homes, automobiles, boats, or other items purchased while you and your spouse were legally married.
Alimony in Tennessee
Spousal maintenance, or alimony, laws vary from state to state, including the eligibility for and types of alimony available. Tennessee courts consider many factors before determining the amount, nature, and time period of payment, such as:
- The earning capacity, needs, obligations, and financial position of each spouse
- The education and training of each spouse and the ability or need to secure further education and training
- The length of the marriage
- The age, mental condition, and physical wellbeing of each spouse
- Minor children in the home who may make it more difficult or undesirable to work
- Standard of living during married years
- Work as a homemaker, help with the other spouse’s training or education, or greater earning potential of the other spouse
- Fault or behavior resulting in divorce
Based on the above considerations and others outlined by Tennessee state law, a judge may choose to grant one of four classes of alimony:
- Rehabilitative Alimony. Rehabilitative alimony helps the dependent spouse achieve the same living standard enjoyed during the marriage and ends if either spouse dies.
- Period Alimony. Long-term periodic alimony may suit couples with a significant income difference. The dependent spouse would be unable to obtain the standard of living they had during the marriage, even with effort.
- Transitional Alimony. Spouses awarded transitional alimony will receive support for a specific length of time to help the dependent party adjust to dissolution or separation.
- Lump-Sum Alimony. Lump-sum alimony provides long-term financial support for a set period of time. The dependent spouse may receive a single payment (the “lump sum”) or installments paid over time.
Child Custody and Child Support
Like spousal support, child maintenance support depends heavily on each parent’s financial situation and the number of children. In many scenarios, the custodial parent – or the parent who primarily cares for the child – receives payments. The law typically assumes that the primary parent spends more money directly on the child by nature of the caretaker relationship than does the noncustodial parent.
Depending on the spouses’ financial situations, either party may pay more than the amount determined in court, but not less. In any case, the court will set and approve the base payment to provide for minor children.
In a typical case, the court will encourage the formulation and agreement of a Permanent Parenting Plan instead of dictating custody and visitation. These cooperative agreements place a couple’s children at the center of the arrangements, resulting in a decision that creates the best environment possible for dependent minors.
If you and your former partner can settle on a parenting plan, you can submit a joint plan to the court. If both parties can’t agree upon a joint parenting plan, each parent can submit their own plan to the court before trial.
How Divorce Affects Your Tennessee Income Taxes
Divorces can quickly become costly. Its impact on your income taxes, however, is somewhat under your control.
Your income tax rate depends on your filing status. Depending on your status, you may choose to file in one of four ways.
Upon your divorce, you will file as “Single” or “Head of Household.” However, if your divorce wasn’t finalized before December 31 of the filing year, you may choose to file a joint income tax return with your spouse to enjoy a premium tax rate.
If filing jointly seems like an impossible task in the midst of the trying case proceedings, you may also choose to file a separate income tax return, even if only one party currently has an income.
Divorcing in Tennessee
Divorcing is never easy, but familiarizing yourself with the laws of the state will prove to be an invaluable tool throughout your proceedings. If you have filed or are preparing to do so, we highly recommend hiring a law firm specializing in domestic litigation and family law.
While you technically may file for uncontested dissolutions without the assistance of an attorney, the advantages of the attorney-client relationship go well beyond properly completed paperwork. Your attorney may act as an objective third party during the proceeding, assisting in negotiating differences and providing valuable information throughout. This is especially true of attorneys in collaborative law practices.
Most importantly, in the event of a contentious disunion, an attorney can represent you and negotiate with your spouse’s attorney, guiding you through the steps and assisting you in reaching a satisfactory final divorce decree.