Divorce in Tennessee

FAQ

Frequently Asked Questions About Divorce

How long does a divorce take in Tennessee?+

Tennessee requires a short waiting period — generally 60 days from filing with no minor children, and 90 days when minor children are involved — before an uncontested divorce can be finalized. Uncontested cases that clear that window can wrap up fairly quickly. Contested divorces take longer, sometimes many months, depending on the issues and the court's schedule. The biggest factor is how much the spouses agree on. We work to resolve issues efficiently so your divorce takes no longer than it needs to.

What is the difference between a contested and uncontested divorce?+

In an uncontested divorce, both spouses agree on all the terms — property, support, and any parenting plan — so the court simply reviews and approves the agreement. It is faster, less expensive, and less stressful. A contested divorce means one or more issues are unresolved, and the court may have to decide them. Many cases start contested and settle along the way. We help you reach a fair agreement wherever possible, and we are prepared to advocate for you in court when it is not.

Do I need a reason (grounds) to file for divorce in Tennessee?+

Tennessee recognizes both no-fault and fault-based grounds. The most common no-fault route is "irreconcilable differences," which requires the spouses to agree on the terms or, in some cases, a period of separation. Fault grounds — such as adultery, abandonment, or inappropriate marital conduct — can be alleged when they apply and may matter to issues like support. You do not have to prove someone did something wrong to get divorced. We help you choose the approach that fits your situation and your goals.

How is property divided in a Tennessee divorce?+

Tennessee is an "equitable distribution" state, which means marital property and debts are divided fairly — not always equally. Courts weigh factors like the length of the marriage, each spouse's contributions and economic circumstances, and what each brought in. Generally, property acquired during the marriage is marital, while assets owned before the marriage or received by gift or inheritance may be separate, though that line can blur. We help identify and value what is at stake and advocate for a division that protects your financial footing.

How is child custody decided?+

Tennessee courts decide parenting on the "best interest of the child," using a required parenting plan that sets the schedule and how major decisions are made. Judges consider each parent's relationship with the child, stability, the child's needs, and each parent's willingness to support the other's relationship with the child. The goal is the child's well-being, not rewarding or punishing a parent. We help you build a workable parenting plan and, when needed, make your case for the arrangement that serves your children.

Do my spouse and I each need our own attorney?+

One lawyer cannot represent both spouses — there is a conflict of interest. Even in a friendly, uncontested divorce, our office can represent only one of you; the other is free to proceed on their own or have their own attorney review the agreement. Independent advice helps make sure the final terms are fair and fully understood, which also makes the agreement more durable. We are clear from the start about who we represent so everyone knows where they stand.