Prepare your documents for Divorce

Divorce in Tennessee is the legal process of dissolving a marriage and addressing related matters such as property division, alimony, and child custody or support if applicable. Tennessee recognizes both no-fault divorce (based on irreconcilable differences) and fault-based divorce (for reasons like adultery or abandonment), as outlined in Tennessee Code Annotated § 36-4-101. This statute lists the legal grounds under which a divorce may be granted.

Getting a divorce in Tennessee legally ends your marriage and gives you the right to move on independently. It helps you:

• Divide marital property and debts

• Request alimony (spousal support) if needed

• Establish custody, visitation, and support for children

• Regain your legal name (if desired)

• Legally remarry in the future

These matters are handled according to Tennessee Code Annotated § 36-4-101 and related family law statutes.

A divorce in Tennessee does not:

• Automatically resolve all financial disputes unless addressed in the decree

• Guarantee alimony — it's awarded based on specific factors

• Ensure equal division of property; Tennessee uses equitable (fair) distribution

• Change legal paternity if not already established

• Protect against future conflicts — you may need modifications later

• Grant immediate custody rights without court orders

Divorce ends the marriage, but certain legal rights must be separately addressed through the court.

If your ex-spouse violates the terms of the Final Decree of Divorce—such as failing to pay alimony, child support, or violating custody arrangements—you can file a contempt of court motion. The court may enforce the order through legal actions, including fines, wage garnishment, or even jail time in serious cases. These enforcement actions are supported under Tennessee Code Annotated § 29-9-102.

There are no fees for getting a Divorce.

No, a lawyer is not required.

However, having a lawyer in any legal situation can benefit you.

The duration of a divorce in Tennessee varies based on several factors:

• Uncontested Divorce: If both parties agree on all terms and there are no minor children involved, the divorce can be finalized after a mandatory 60-day waiting period.

• Contested Divorce: If the parties cannot agree, the process can take longer. Contested divorces may last from six months to over a year, depending on the complexity of issues such as property division, alimony, and child custody.

A protection order, such as a DVPO, can influence temporary orders in a divorce by prioritizing the safety of the protected party. This may lead the court to issue temporary custody, visitation, or support orders that limit or supervise the abuser’s contact with the children or the spouse. Temporary orders may also require the abuser to stay away from the family home or refrain from certain behaviors during the divorce process to ensure safety until the final divorce decree is issued.