Tennessee Divorce Laws
Go to another Tennessee divorce page.

Tennessee Grounds for Divorce.
Tennessee will grant a no-fault divorce based on irreconcilable differences between the parties. If Help Yourself Divorce prepares your divorce papers, those are the grounds that will be used. Tennessee law also recognizes a number of "fault" based grounds, including the following:

(1) Impotence;
(2) Bigamy;
(3) Adultery;
(4) Abandonment;
(5) Imprisonment;
(6) Either party has attempted the life of the other;
(7) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(8) Habitual drunkenness or abuse of narcotic drugs;
(9) Cruel and inhuman treatment;

-From 36-4-101 of the Tennessee Code

 

Tennessee Residency Laws.
A divorce may be granted in Tennessee if the grounds for divorce occurred while the plaintiff was a bona fide resident of the state of Tennessee. If the grounds for divorce were committed outside the state and the plaintiff resided out of the state at the time, then a divorce may be granted in Tennessee if either the plaintiff or the defendant has resided in the state of Tennessee for at least six months next preceding the filing of the complaint.

For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.

The petition for divorce may be filed in the county where the parties resided at the time of their separation; in the county where the defendant resides, if the defendant resides in Tennesee; or in the county where the petitioner resides if the defendant is a nonresident of Tennessee or a convict.

-From 36-4-104 and 36-4-105 of the Tennessee Code

 

Filing Divorce in Tennessee.
After filing the divorce papers with the court, if your divorce is uncontested, you may "serve" your spouse by mail or hand-delivery. Formal service by process server or sheriff is not required in uncontested cases. Your spouse will sign a form stating that he or she has received the papers, and that form will be filed with the court.

 

Tennessee Final Divorce Hearing.
An uncontested divorce is finalized during a hearing. The court regularly holds uncontested dockets, where many uncontested divorces are granted during the same hearing. You will either schedule a specific time and date to come for the hearing, or you can show up during any of the times when the court regularly holds the uncontested docket. The specific procedure will depend on the scheduling procedure in the county where you file.

Learn more about the divorce procedure.

 

Waiting Period Before Divorce is Finalized in Tennessee.
Bills for divorce on the ground of irreconcilable differences must have been on file for 60 days before being heard if the parties have no minor children, and must have been on file at least 90 days before being heard if the parties do have minor child(ren).

-From 36-4-103 of the Tennessee Code.

 

Additional Information.
When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again.

-From 36-4-124 of the Tennessee Code.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Tennessee Divorce Page:
General Tennessee Divorce Laws
Tennessee Alimony Laws
Tennessee Child Custody Laws
Tennessee Child Support Laws
Tennessee Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Tennessee statutes. You can find the full-text version of these and other Tennessee divorce statutes online here: Tennessee Divorce Laws.