Tennessee Divorce
Information and FAQ
Tennessee law permits no-fault divorces based irreconcilable
differences between the parties. Additional grounds include;
impotency, bigamy, adultery, desertion, conviction of a felony and
sentence of imprisonment, conviction of an infamous crime, attempt
on the life of the other, pregnancy of the wife without the
husband’s knowledge by one other than the husband, physical
cruelty, addiction to drugs or alcohol, cruel and inhuman treatment
and abandonment. TCA 36-4-101 Residency requirements Tennessee law
requires that the acts complained of must have been committed while
the plaintiff was a resident of the state. If the acts complained of
were committed outside of Tennessee and the plaintiff resided
outside of the state at the time, either of the parties must have
resided in Tennessee for six (6) months prior to the filing of the
petition. TCA 36-4-104
Venue The petition for divorce may be filed in the county where
the parties last shared a residence, where the defendant resides if
a resident of Tennessee, or where the plaintiff resides if the
defendant is a non-resident. TCA 36-4-105 Irreconcilable differences
- Procedure.
(a) (1) In all divorces sought because of irreconcilable
differences between the parties, if the defendant is a nonresident,
personal service may be effectuated by service upon the secretary of
state pursuant to the provisions of § 20-2-215.
(2) In lieu of service of process, the defendant may enter into a
written notarized marital dissolution agreement with plaintiff that
makes specific reference to a pending divorce by a court and docket
number, or states that the defendant is aware that one will be filed
in this state and that the defendant waives further service and
waives filing an answer to the complaint. Such waiver of service
shall be valid for a period of one hundred eighty (180) days from
the date the last party signs the agreement. The agreement may
include the obligation and payment of alimony, in solido or in
futuro, to either of the parties, any other provision of the law
notwithstanding. The signing of such an agreement shall be in lieu
of service of process for the period such waiver is valid and shall
constitute a general appearance before the court and answer which
shall give the court personal jurisdiction over the defendant, and
constitute a default judgment for the purpose of granting a divorce
on the grounds of irreconcilable differences. (3) No divorce
heretofore granted shall be invalid because the agreement was signed
and notarized or acknowledged prior to filing under prior law before
the action was filed.
(b) No divorce shall be granted on the ground of irreconcilable
differences unless the court affirmatively finds in its decree that
the parties have made adequate and sufficient provision by written
agreement for the custody and maintenance of any children of that
marriage and for the equitable settlement of any property rights
between the parties. If the court does not affirmatively find that
the agreement is sufficient or equitable, the cause shall be
continued by the court to allow further disposition by the
petitioner. If both parties are present at the hearing, they may, at
that time, ratify any amendments the court may have to the
agreement. The amended agreement shall then become a part of the
decree. The agreement shall be incorporated in the decree or
incorporated by reference, and such decree may be modified as other
decrees for divorce. (c) (1) Bills for divorce on the ground of
irreconcilable differences must have been on file for sixty (60)
days before being heard if the parties have no unmarried child under
eighteen (18) years of age, and must have been on file at least
ninety (90) days before being heard if the parties have an unmarried
child under eighteen (18) years of age. The sixty-day or ninety-day
period bills for divorce which must be on file shall commence on the
date the original bill was filed and not on the date the bill was
amended to include the ground of irreconcilable differences.
(2) A divorce decree or order issued prior to March 22, 1996, in
which the hearing for such divorce occurred before the specified
time periods required by this subsection, shall remain valid and the
parties shall remain divorced. Likewise, all other issues resolved
in the divorce decree, order or agreement, such as distribution of
marital property, alimony, child support and custody, shall remain
valid and in full force and effect. (d) (1) A bill of complaint for
divorce where the respondent has been personally served or
acknowledged as set out in subsection (a), which includes the ground
of irreconcilable differences, may be taken as confessed and a final
decree entered thereon, as in other cases and without corroborative
proof or testimony, the provisions of §§ 36-4-107 and 36-4-114 to
the contrary notwithstanding. (2) For purposes of this section,
"without corroborative proof or testimony" means that the
petitioner shall not be required to testify as to the material facts
constituting irreconcilable differences or any attempts to reconcile
such differences. » Return to top (e) If there has been a contest
or denial of the grounds of irreconcilable differences, no divorce
shall be granted on the grounds of irreconcilable differences.
However, a divorce may be granted on the grounds of irreconcilable
differences where there has been a contest or denial, if a properly
executed marital dissolution agreement is presented to the court.
(f) Irreconcilable differences may be asserted as a sole ground for
divorce or as an alternate ground for divorce with any other cause
for divorce set out in § 36-4-101 or § 36-4-102. 36-4-103.
Contents of petition for divorce and legal separation.
(a) (1) The complaint for divorce shall set forth the grounds for
the divorce in substantially the language of § 36-4-101 or §
36-4-102, and pray only for a divorce from the defendant, or for a
divorce and such other and further relief to which the complainant
may think to be entitled. In cases wherein an answer is filed, the
court shall, on motion of the defendant, require the complainant to
file a bill of particulars, setting forth the facts relied on as
grounds for the divorce, with reasonable certainty as to time and
place.
(2) The complaint for legal separation shall set forth the
grounds for legal separation in substantially the language of §
36-4-101, and pray for such further relief to which the complainant
is entitled. In all cases where an answer is filed, the court shall,
on motion of the defendant, require the complainant to file a bill
of particulars, stating the facts relied on as a ground for legal
separation, with reasonable certainty as to time and place. (b) (1)
The complainant shall also allege the full name of the husband, the
full maiden name of the wife, their mailing addresses, dates and
places of their birth, race or color of each spouse, number of
previous marriages of each spouse, date and place of the marriage of
the parties, the number of their children who are minors at the time
of the filing of the complaint, the social security numbers of the
parties and all children born of the marriage, and any other
litigation concerning the custody of such children in this or any
other state in which either party has participated, as specified in
§ 36-6-210 [repealed]. It shall be mandatory that every complaint
filed under this chapter shall contain the foregoing, and the trial
judges shall dismiss petitions and bills which do not contain the
foregoing unless it can be shown to the satisfaction of the court
that such information could not be obtained by the complainant or
petitioner by exercising due diligence. In lieu of a mailing
address, either party may designate an agent for the service of
process throughout the proceedings and, except as provided in
subdivision (b)(2), the name and address of such agent shall be the
only address used for the designating party in all petitions,
pleadings, motions and orders relating to such divorce action. »
Return to top (2) If the complainant or the defendant shows to the
satisfaction of the court in which the petition is filed that the
residential address of the other party is relevant and necessary in
order to prove the allegations contained in the complaint or to
ascertain information necessary to determine value and/or ownership
of property, or to ascertain other data necessary to evaluate and
agree upon a property division or custody or defend against such
allegations, the court may order either party to reveal such
residential address to the other party. (3) If the complainant
elects to designate an agent for service of process in lieu of the
mailing address as authorized by this subsection but does not
designate a specific person, the complainant's attorney shall be
deemed the complainant's agent for service of process. (c)
Notwithstanding any other provision of the law to the contrary, the
plaintiff or other party shall not be required in those counties
having a divorce proctor to file an affidavit swearing that the
defendant is not in the military service where: (1) The complaint
states facts that would make the defendant ineligible for military
service; or (2) The residence address of the defendant is set forth
in the complaint, and:
(A) The defendant has been personally served with service of
process, or has been mailed a copy of the complaint by a divorce
proctor; (B) The defendant has actual notice of the commencement of
the suit;
(C) Proof of mailing to the defendant of notice of the suit is
exhibited to the court; or
(D) The defendant is represented by an attorney. 36-4-106.
Verification of petition - Effect of noncompliance. (a) The bill
or petition, except those seeking a divorce from the bonds of
matrimony on the grounds of irreconcilable differences, shall be
verified by an affidavit, upon oath or affirmation, before a general
sessions court judge, notary public or the judge or clerk of the
court, or as provided in §§ 58-1-605 - 58-1-607, that the facts
stated in the bill are true to the best of the complainant's
knowledge and belief for the causes mentioned in the bill. The
authority conferred in §§ 58-1-605 - 58-1-607 may be exercised
beyond the continental limits of the United States.
(b) If the issue of whether the affidavit contains the
complainant's verification that the complaint is not made out of
levity or in collusion with the defendant is not raised at trial,
each party waives the right to contest such issue on appeal.
(c) A divorce decree or order issued prior to March 22, 1996, in
which the bill or petition for such divorce did not include the
affidavit of verification required by this section shall remain
valid and the parties shall remain divorced. Likewise, all other
issues resolved in the divorce decree, order or agreement, such as
distribution of marital property, alimony, child support and
custody, shall remain valid and in full force and effect. 36-4-107.
Proof required. If the defendant admits the facts charged in the
bill or petition and relied upon as the ground for a divorce, or the
bill is taken for confessed, the court shall, nevertheless, before
decreeing a divorce, except a divorce on the ground of
irreconcilable differences, hear proof of the facts alleged as
aforementioned, and either dismiss the bill or petition or grant a
divorce, as the justice of the case may require. 36-4-114. Name of
court and title of action/parties An action for divorce filed in the
State of Tennessee is filed in the Circuit or Chancery Court. The
title of the action initiating the divorce is the Petition for
Divorce, while the title of the action granting the divorce is
referred to as the Final Decree of Divorce. The party filing the
action for divorce is called the Petitioner, while the other party
is referred to as the Respondent. TCA 36-4-105
Legal separation Tennessee law permits a judgment of separation.
TCA 36-4-102 Waiting period Divorces filed upon the grounds of
irreconcilable differences require that there be a sixty (60) day
waiting period between the time of the filing of the petition and
the hearing of the divorce if the parties have no minor children. If
the parties have minor children, the Tennessee law requires a ninety
(90) day waiting period between the filing of the petition and the
hearing of the action. TCA 36-4-103
Alimony The courts may award alimony to either spouse. Alimony
may be periodic, lump sum, or rehabilitative. Some of the factors
the court considers in determining the amount and term of alimony
include: 1. The value of any separate property and the value of each
party’s marital property. 2. Whether the spouse seeking alimony is
the custodian of a child whose circumstances are such that the
spouse not seek employment. 3. The need of the spouse seeking
alimony to seek additional training or education to find appropriate
employment. 4. The standard of living established during the
marriage. 5. The duration of the marriage. 6. The needs and
obligations of each spouse. 7. The comparative financial resources
of each spouse, and 8. Any factor the court deems equitable and
just. TCA 36-6-100
Distribution of property Tennessee is an equitable distribution
state. This means that the court will divide the marital property
between the parties as it deems equitable and just, after setting
aside to each spouse the separate property of each. Some of the
factors the court considers in dividing the property between the
parties include: 1. The duration of the marriage. 2. The age,
physical and mental health, vocational skills, employability,
earning capacity, estate, financial liabilities and financial needs
of the spouses. 3. The tangible and intangible contributions of each
spouse to the education, training, or increased earning power of the
other. 4. The relative ability of each party for future acquisitions
of capital assets and income. 5. The contributions of each party to
the acquisition, preservation, appreciation, depreciation or
dissipation of the marital or separate property. 6. The value of
each party’s separate property. 7. Any other factors necessary to
achieve an equitable distribution. TCA 36-4-121
Child custody Tennessee courts will decide the issue of custody
based upon the best interests of the child. In determining the best
interests of the child, the court must consider the child's
reasonable preference for custody. Joint custody is presumed to be
in the child’s best interests. There is no presumption that either
spouse is more suited than the other for custody of the child. The
court shall consider all relevant factors including the following
where applicable: 1. The love, affection and emotional ties existing
between the parents and child. 2. The ability of the parents to
provide the child with food, clothing, medical care, education and
other necessary care and the degree to which a parent has been the
primary caregiver, and 3. The importance of continuity in the
child's life and the length of time the child has lived in a stable,
satisfactory environment. TCA 36-6-106
Child support In a proceeding for dissolution of marriage or
legal separation, the court may order either or both parties to pay
a reasonable amount necessary for the support of a child of the
marriage. The Tennessee legislature has established child support
guidelines which establish the presumptive correct amount of child
support. Deviation from the guidelines require a specific finding by
the court that application of the guidelines would be unjust or
inappropriate and such findings must be included in the judgment.
TCA 36-5-101 Rights of non-custodial parent The non-custodial parent
is entitled to various rights under Tennessee law, including, but
not limited to:
1. Unimpeded telephone conversations with the child at least
twice a week at reasonable times and for reasonable durations.
2. To send mail to the child which the other parent shall not
open or censor.
3. To receive notice and relevant information as soon as
practicable but within twenty-four (24) hours of any event of
hospitalization major illness or death of the child.
4. To receive directly from the child's school copies of the
child's report cards, attendance records, names of teachers, class
schedules, standardized test scores and any other records
customarily made available to parents.
5. To receive copies of the child's medical, health or other
treatment records directly from the physician or health care
provider who provided such treatment or health care, and,
6. To be free of unwarranted derogatory remarks made about such
parent or such parent's family by the other parent to or in the
presence of the child. TCA 36-6-110
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