Initiating a divorce in Tennessee requires following a series of legal steps to ensure that your rights and interests are protected throughout the process. If you are considering divorce, understanding the steps involved can help make the process smoother.
Meet the residency requirements
Before filing for divorce in Tennessee, at least one of the spouses must meet the state’s residency requirement. The person filing for divorce must have lived in Tennessee for at least six months before filing. If you meet the residency requirement, you can proceed with filing for divorce in Tennessee.
Choose the grounds for divorce
Tennessee offers both no-fault and fault-based divorce options. For a no-fault divorce, you can file based on “irreconcilable differences,” meaning the marriage is broken beyond repair, and neither party needs to prove wrongdoing. If you choose a fault-based divorce, you must choose one of the following grounds:
- Adultery
- Cruelty or abuse
- Abandonment
- Felony conviction
- Incurable insanity
Choosing no-fault divorce is typically quicker and less complicated than a fault-based divorce.
File a divorce petition
To start the divorce process, you need to file a “Complaint for Divorce” with the Circuit or Chancery Court in the county where you or your spouse reside. The petition should include the grounds for divorce, information about children (if applicable), and requests regarding property division, alimony, and child custody.
Serve the divorce papers
Once you file the petition, you must serve your spouse with the divorce papers. This can be done through personal service, where a process server or sheriff delivers the papers to your spouse, or through other approved methods, like certified mail. Your spouse must receive the divorce papers before moving forward with the case.
Finalize the divorce
Once you and your spouse reach an agreement or the court makes decisions on contested issues, you can finalize the divorce. If the divorce is uncontested, the court will review your agreement and, if acceptable, issue a final decree of divorce. In contested cases, a trial may be necessary, and the judge will make decisions based on evidence presented by both parties.
Once the court issues the final decree of divorce, your divorce is complete, and you are legally separated from your spouse.
By following these steps, you can initiate and proceed with a divorce, ensuring that you meet all legal requirements and protect your interests throughout the process.