Filing for Divorce in Tennessee: What You Should Know Before You Start

If you are considering divorce in Tennessee, understanding the basics of the process can help you make informed decisions during a difficult time. Tennessee recognizes both fault-based and no-fault grounds for divorce, and the path you choose can affect everything from property division to custody arrangements.

To file for divorce in Tennessee, at least one spouse must have been a resident of the state for six months prior to filing. The petition is filed in the Circuit Court of the county where either spouse lives. If you and your spouse agree on all major issues — property division, custody, and support — you may qualify for an uncontested divorce, which is typically faster and less expensive.

Tennessee is an equitable distribution state, which means that marital property is divided fairly, though not necessarily equally. Factors the court considers include the length of the marriage, each spouse's earning capacity, contributions to the marriage, and the value of separate property each spouse brought into the marriage.

Child custody in Tennessee is determined based on the best interests of the child. The court considers factors such as each parent's relationship with the child, the stability of each home environment, and the child's own preferences if they are old enough to express them. Tennessee encourages shared parenting and will often approve a parenting plan that allows both parents meaningful time with their children.

At Clements & Eubanks, Kate Harris brings empathy and understanding to every family law case. She works closely with clients to protect their interests while keeping the focus on achieving the best possible outcome for the entire family.