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Uncontested Divorce in Tennesse

Requirements for an Uncontested Divorce in Tennessee

Tennessee allows for an uncontested divorce (often called an agreed divorce) when both spouses agree on all issues and meet specific criteria.
 

  1. Residency:
    Either you or your spouse must have lived in Tennessee for at least 6 months, or
    The grounds for divorce must have occurred while living in Tennessee.

     

  2. Grounds for Divorce 

    • Most uncontested divorces are filed on no-fault grounds:

    • Irreconcilable differences (both spouses agree the marriage cannot continue)
       

  3. Eligibility for Simplified (Agreed) Divorce

    To use Tennessee’s Agreed Divorce process:

    • Both spouses must want the divorce

    • Have no minor children together (biological or adopted)

    • Do not own real property together

    • Do not have retirement accounts to divide

    • Must agree on all aspects of the divorce (debts, assets, alimony)

  • If you don’t meet these criteria, you can still file an uncontested divorce, but not through the simplified process.

Steps to File for an Uncontested Divorce:

  1. Download and Complete the Required Forms

Tennessee provides free Agreed Divorce forms, including:

  • Request for Divorce (Complaint)

  • Spouse’s Answer and Waiver

  • Divorce Agreement

  • Final Decree of Divorce

  • Personal Information Sheet

  • Notice of Hearing

 

Forms available here: https://www.tncourts.gov/programs/self-help/approved-forms/divorce-forms
 

2. File the Forms

  • File with the Circuit or Chancery Court Clerk in the county where you or your spouse lives.

  • Filing Fee: Typically $180–$300 (may be higher in some counties)

  • You can request a fee waiver if you qualify based on income.


3. Serve Your Spouse (If Required)

  • If filing jointly or using an Agreed Divorce, formal service is not required.

  • Otherwise, your spouse must be served unless they sign a Waiver of Service.


4. Wait 60 or 90 Days

  • Without minor children: 60-day waiting period from the date of filing

  • With minor children: 90-day waiting period

5. Attend the Final Hearing
A short hearing is typically required. Bring:

    • Final Decree

    • Completed Divorce Agreement

    • Proof of residency and ID

    • The judge will review the paperwork and may ask a few questions.

6. Receive Final Decree of Divorce

  • Once signed by the judge and filed, the divorce is official.

Cost Considerations

  • Filing Fee: $180–$300 (county-dependent)
     

  • Attorney Flat Fee: $500–$1,000  (optional)
     

  • Online Divorce Services: $150–$300
     

  • Fee Waiver: Available via a Request to Proceed In Forma Pauperis

Important Considerations

  • With Children:

    • You must file a Parenting Plan and Child Support Worksheet

    • May need to complete a Parenting Class approved by the court

  • Property Division:
    • Tennessee uses equitable distribution—a fair (not necessarily equal) division of assets and debts

  • Alimony:​

    • May be agreed upon and included in your divorce agreement

  • Legal Advice Recommended:​

    • Especially important if there are children, property, or significant assets involved

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