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.
| Ground | Type |
|---|---|
| Irreconcilable Differences | No-Fault |
| Adultery | Fault |
| Desertion | Fault |
| Cruel treatment | Fault |
| Habitual drunkenness | Fault |
| Imprisonment | Fault |
| Bigamy | Fault |
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 Requirement | 6 months |
| Filing Fee | $185–$300 |
| Waiting Period | 60 days (no children), 90 days (children) |
| No-Fault Available | Yes |
| Fault Grounds Available | Yes (6 grounds) |
| Child Support Model | Income Shares |
| Governing Statute | Tenn. Code §36-4-101 |
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Frequently Asked Questions
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Create Free AccountThis 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.