2025 Divorce Filing Checklist for Tennessee

Filing for divorce in Tennessee requires understanding the divorce process within a unique court system where you can file in either Circuit or Chancery Court depending on your county, meeting a 6-month residency requirement, and navigating mandatory waiting periods that differ based on whether you have minor children. Tennessee's Supreme Court-approved forms and automatic statutory injunctions add layers of complexity that can delay your case or increase costs if not handled properly.

This comprehensive checklist walks you through every requirement for filing divorce in Tennessee in 2025, from the 6-month residency rule to Supreme Court Rule 52 approved forms to current filing fees by county. By the end, you'll have a clear roadmap for initiating your divorce in the proper Tennessee court and understanding exactly when your decree can be finalized.

Tennessee's 6-Month Residency Requirement

Before filing for divorce in Tennessee, you must meet specific residency requirements based on where the grounds for divorce occurred, according to T.C.A. § 36-4-104:

• If grounds occurred in Tennessee: Either spouse must be a bona fide Tennessee resident when filing (no minimum time required)
• If grounds occurred outside Tennessee: Either spouse must have resided in Tennessee for 6 consecutive months immediately before filing

Military Exception: A servicemember or spouse who has lived in Tennessee for at least 1 year is presumed a resident for divorce purposes. This presumption can be overcome only by clear and convincing evidence of a domicile elsewhere.

Practical Tip: If you're filing based on "irreconcilable differences" (the most common no-fault ground), this typically occurred in Tennessee if that's where you lived as a couple. However, if you're filing based on fault grounds like adultery or desertion that occurred elsewhere, you'll need to prove 6 months of Tennessee residency with documents like leases, utility bills, or voter registration.

Mandatory Waiting Periods: 60 or 90 Days

Tennessee law mandates specific waiting periods before any divorce decree can be entered, according to T.C.A. § 36-4-101:

• 60 days: If you have no unmarried children under age 18
• 90 days: If you have any unmarried children under age 18

The waiting period begins from the date you file your complaint/petition, not from the date of service. Even if both spouses agree on everything and file with a complete Marital Dissolution Agreement, you must wait the full 60 or 90 days before the court can finalize your divorce. Understanding whether your case will be uncontested or contested can help you plan accordingly.

Where to File: Circuit or Chancery Court

Tennessee divorces are heard in either Circuit Court or Chancery Court, depending on your county's practice. Both are courts of general jurisdiction that handle domestic relations cases. According to T.C.A. § 36-4-105, you must file in the proper venue:

Proper Venue Options (in order):

1. The county where the parties lived at separation
2. The county where the defendant (respondent) currently resides (if still in Tennessee)
3. If the defendant is a nonresident or incarcerated, the county where the plaintiff resides

Check your county clerk's website to determine whether divorce cases are filed in Circuit or Chancery Court in your specific county, as practices vary.

Supreme Court-Approved Forms

Tennessee Supreme Court Rule 52 establishes that court-approved forms are "universally acceptable as legally sufficient" statewide. This means all Tennessee courts that hear divorce cases must accept these forms if completed correctly. The Tennessee Courts Self-Help Center provides complete packets:

Required Forms for All Cases:

• Request for Divorce (Form 1) or Complaint for Divorce - Initiates your case
• Summons - Official notice to your spouse
• Certificate of Divorce - Required vital records form

Additional Forms When Applicable:

• Marital Dissolution Agreement (MDA) - Required for "irreconcilable differences" divorces; resolves all property, debt, and support issues
• Permanent Parenting Plan - Mandatory if you have minor children; standardized statewide forms
• Child Support Worksheet - Required for child support calculations using Tennessee's Income Shares Guidelines
• Parent Education Certificate - Proof of completing mandatory 4-hour parenting seminar (cases with minor children)

Filing Fees by County

Tennessee filing fees vary by county. Here are examples from major counties to help you budget:

• Shelby County: $381.50 (with minor children), $306.50 (without minor children)
• Davidson County Circuit Court: $259.50 (with minor children), $184.50 (without minor children)
• Typical range statewide: $300-$380 depending on case circumstances and local court rules

Additional Costs:

• Sheriff service: Typically $52 per defendant (increased July 1, 2024)
• Secretary of State service (if applicable): $20
• Parent education seminar: Varies by provider, typically $40-$100 per parent

Fee Waivers Available: If you cannot afford filing fees, complete the Uniform Civil Affidavit of Indigency (Request to Postpone Filing Fees and Order) available in the court packets. Courts may defer fees for qualifying indigent litigants.

Automatic Statutory Injunction Upon Service

Tennessee law automatically restrains both parties once the defendant is served with or accepts the divorce papers, according to T.C.A. § 36-4-106. These automatic injunctions prohibit both parties from:

• Dissipating, transferring, or hiding marital assets (except ordinary living/business expenses)
• Changing insurance coverage or beneficiaries
• Harassing, abusing, or disturbing the peace of the other party
• Relocating minor children out of state or more than 50 miles from the marital home without consent or court permission (except for safety)

These injunctions must be attached to and served with your complaint, and they become enforceable court orders upon service. Violations can result in contempt proceedings.

Step-by-Step: Filing for Divorce in Tennessee

1. Complete Required Forms: Download Supreme Court-approved forms from the Tennessee Courts Self-Help Center. Use the packet appropriate for your situation (with or without children, agreed or contested).
2. File with Proper Court: File in Circuit or Chancery Court in the county meeting venue requirements. Pay the filing fee (varies by county, typically $300-$380).
3. Serve Your Spouse Within Reasonable Time: Serve the summons, complaint, and statutory injunction using sheriff service, private process server, or acceptance of service. For "irreconcilable differences" cases with nonresident defendants, service through the Secretary of State is available.
4. Spouse Has 30 Days to Respond: After service, the defendant must file an Answer within 30 days unless a Rule 12 motion extends that deadline.
5. Complete Parent Education: If you have minor children, both parents must complete a 4-hour parent education seminar soon after filing (unless excused for good cause).
6. Wait the Mandatory Period: 60 days (no minor children) or 90 days (with minor children) from filing before the court can enter the final decree.
7. Submit Final Decree: After the waiting period and resolution of all issues, submit your proposed Final Decree with attached MDA and (if applicable) Permanent Parenting Plan for the judge's signature.

Calculate Your Tennessee Divorce Costs

Use our free calculator below to get a personalized estimate of your total divorce costs based on your situation. The calculator is pre-configured with Tennessee's typical filing fees and legal costs.

Note: This estimate is for planning purposes. Actual costs vary based on county filing fees, whether you reach settlement or go to trial, and attorney fees in your area.

Frequently Asked Questions

Q: How long do you have to live in Tennessee to file for divorce?
A: If the grounds for divorce occurred in Tennessee, either spouse must be a bona fide resident when filing (no minimum time). If grounds occurred outside Tennessee, either spouse must have resided in Tennessee for 6 consecutive months before filing, according to T.C.A. § 36-4-104.

Q: What is the waiting period for divorce in Tennessee?
A: Tennessee requires a 60-day waiting period if you have no unmarried children under 18, or a 90-day waiting period if you have minor children. The waiting period starts from the date you file, not from service. The court cannot enter your final decree until this period expires.

Q: Do I file in Circuit Court or Chancery Court?
A: Both Circuit and Chancery Courts handle divorce cases in Tennessee. Which court you use depends on your county's local practice. Check your county clerk's website or call to determine which court handles divorces in your area. Both courts apply the same state divorce laws.

Q: How much does it cost to file for divorce in Tennessee?
A: Filing fees vary by county, typically ranging from $300-$380. For example, Shelby County charges $381.50 (with children) or $306.50 (without), while Davidson County charges $259.50 (with children) or $184.50 (without). Additional costs include sheriff service (typically $52) and parent education if you have children. Fee waivers are available for indigent filers.

Conclusion

Understanding Tennessee's divorce filing requirements is your first step toward a smoother legal process. While the 6-month residency requirement and mandatory waiting periods may seem straightforward, Tennessee's dual court system (Circuit vs. Chancery), Supreme Court-approved forms, and automatic statutory injunctions require careful attention to detail to avoid delays or compliance issues.

Ready to estimate your total divorce costs beyond just filing fees? Use our free Tennessee Divorce Cost Calculator above to get a personalized breakdown based on your county and situation. For comprehensive information about Tennessee divorce laws covering property division, child support calculations, and parenting plans, explore our related guides below.

Remember: Tennessee's Supreme Court Rule 52 forms are "universally acceptable as legally sufficient" statewide, giving you confidence that properly completed forms will be accepted by any Tennessee court that hears divorce cases. Take advantage of the free packets available through the Tennessee Courts Self-Help Center to ensure you start your case correctly.