Tennessee Family Laws

At least one spouse must have been a bona fide resident of Tennessee for at least 6 months before filing (unless the acts complained of were committed in Tennessee).

Divorce filing fees vary by county. Most counties charge between $250 and $350, including clerk fees, litigation tax, and service costs.

Both parties must attend a court-approved parent education seminar in cases involving minor children, typically within 60 days of filing.

Tennessee recognizes 15 grounds for divorce: irreconcilable differences (no-fault, both parties must agree), adultery, desertion (1 year), conviction of a felony, bigamy, attempted murder of spouse, refusal to move to Tennessee (2 years), pregnancy by another at time of marriage, habitual drunkenness/drug abuse (after marriage), cruel and inhuman treatment, indignities making life intolerable, abandonment or neglect, impotence, and living separate for 2+ years with no minor children.

Tennessee requires a 60-day mandatory waiting period between filing and final hearing for couples without minor children. Couples with minor children must wait 90 days. This period cannot be waived.

Tennessee divides marital property equitably. The court considers factors including duration of marriage, each party's contributions (including homemaking), value of separate property, economic circumstances, tax consequences, and the parties' earning capacity. Separate property (acquired before marriage or by gift/inheritance) remains with the owner.

Tennessee recognizes four types of alimony: rehabilitative (most favored), transitional, alimony in futuro (long-term), and alimony in solido (lump sum). Courts consider the relative earning capacity, education, age, physical and mental condition, and the standard of living during the marriage. Adultery and fault may affect the award.

Tennessee courts consider 15 statutory factors including: love and emotional ties, stability of environment, mental and physical health of each parent, child's interaction with siblings and community, each parent's willingness to facilitate a relationship with the other parent, evidence of abuse, and the reasonable preference of a child 12 or older.

In all cases involving minor children, the court must approve a permanent parenting plan. The plan must address residential schedule, decision-making authority, child support, dispute resolution, and expenses. Both parents must attend a parent education seminar.