To file for a Tennessee divorce, the party seeking the divorce must have been a resident of Tennessee when the grounds for divorce arose. If the grounds for divorce arose outside of Tennessee and the party seeking the divorce resided outside of Tennessee, either spouse must have been a resident for 6 months prior to filing.

Tennessee Divorce Filing Requirements

The divorce may be filed in any of the following counties:

• the county in which both spouses lived at the time of their separation; 

• the county in which the non-filing party lives if he or she is a resident of Tennessee; or 

• the county in which the filing party lives if the non-filing party is a non-resident of Tennessee.

Tennessee Divorce Grounds

The grounds for a Tennessee divorce are:

• irreconcilable differences if 

  • there has been no denial of this ground; or 

  • the spouses submit a properly signed marital dissolution agreement [see below under Simplified or Special Divorce Procedures] or

  • this grounds for divorce is combined with a general fault-based grounds (grounds 3-16);

• living separate and apart without cohabitation for 2 years when there are no minor children. 

• impotence;

• adultery;

• conviction of a felony and imprisonment;

• alcoholism and/or drug addiction;

• wife is pregnant by another at the time of marriage without husband's knowledge;

• willful desertion for 1 year;

• bigamy;

• endangering the life of the spouse;

• commission and/or conviction of an infamous crime;

• refusing to move to Tennessee with a spouse and willfully absenting oneself from a new residence for 2 years;

• cruel and inhumane treatment;

• spouse has made life intolerable;

• abandonment or kicking spouse out of the home and refusing to provide spousal support; and

• living separate from each other for 2 or more years.

If the grounds for a Tennessee divorce are irreconcilable differences, the parties may enter into a settlement agreement that has been notarized. The agreement must make specific reference to a pending divorce by the name of the court and the docket number or state that the non-filing party is aware that a Tennessee divorce will be filed for and state that he or she waives service of process and waives filing an answer. The petition for divorce must have been on file for over 60 days before a hearing will be held if the parties have no minor children and 90 days if they do have minor children. The agreement must provide adequately for the care and custody of any minor children, adequately divide their property and, if necessary, provide for spousal support. A final Tennessee divorce decree may be entered without the need for trial.

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