Tennessee Divorce Laws

Divorce Laws in Tennessee (TN)

Tennessee processes 27,000+ divorces annually. As an equitable distribution state, courts divide marital assets fairly based on multiple factors. Both no-fault and fault-based grounds are available.

Filing Fee

$185–$300

Residency Req.

6 months

Waiting Period

60 days (no children), 90 days (children)

Property Type

Equitable

Grounds for Divorce

Tennessee allows both no-fault and fault-based divorce under Tenn. Code §36-4-101. Filing on fault grounds may affect property division or alimony in some cases.

GroundType
Irreconcilable DifferencesNo-Fault
AdulteryFault
DesertionFault
Cruel treatmentFault
Habitual drunkennessFault
ImprisonmentFault
BigamyFault

Property Division

Tennessee is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.

The median uncontested divorce in Tennessee costs approximately $8,500. Contested cases with significant property disputes average $34,000.

Child Custody

Tennessee courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Tennessee uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.

Alimony & Spousal Support

Spousal support in Tennessee is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under Tenn. Code §36-4-101, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.

Filing Requirements & Costs

Residency Requirement6 months
Filing Fee$185–$300
Waiting Period60 days (no children), 90 days (children)
No-Fault AvailableYes
Fault Grounds AvailableYes (6 grounds)
Child Support ModelIncome Shares
Governing StatuteTenn. Code §36-4-101

Get Clarity on Your Tennessee Divorce

Upload your letter or calculate your costs. See your situation analyzed against Tennessee’s actual statutes — in 90 seconds.

Frequently Asked Questions

How long do you have to live in Tennessee to file for divorce?
Tennessee requires 6 months of residency before you can file for divorce. Tenn. Code §36-4-101 governs the filing requirements.
Is Tennessee a community property or equitable distribution state?
Tennessee follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Tennessee?
Filing fees in Tennessee range from $185–$300. The median total cost is approximately $8,500 for uncontested divorces and $34,000 for contested cases.
How long does a divorce take in Tennessee?
Tennessee has a mandatory waiting period of 60 days (no children), 90 days (children). Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Tennessee?
Tennessee uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Tennessee?
Yes. Tennessee allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Cruel treatment, Habitual drunkenness, Imprisonment, Bigamy.
How many divorces happen in Tennessee each year?
Tennessee processes approximately 27,000+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Tennessee?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

Related Resources for Tennessee

Stay Updated on Tennessee Divorce Law

Get weekly updates on legal changes, new tools, and expert insights.

Create Free Account

This page provides general information about divorce laws in Tennessee and is not legal advice. Laws change frequently — verify current statutes with Tenn. Code §36-4-101 or consult a licensed Tennessee attorney. Last reviewed March 2026.