Uncontested Divorce in Tennessee

Tennessee allows an uncontested divorce when spouses agree on every issue, but you must wait at least 60 days (90 if you have minor children) before the court can finalize it.

By , Legal Editor
Updated by Editors of DivorceNet

Tennessee offers free, court-approved forms for a simplified "agreed divorce." If you don't qualify for the easiest route, you can use an uncontested divorce process based on "irreconcilable differences." This article covers both types of uncontested divorce in Tennessee, including waiting periods, paperwork, and what to expect at each stage.

How to File for an "Agreed Divorce" in Tennessee

Tennessee's Supreme Court provides free packets for an "agreed divorce," with separate versions for couples with and without minor children.

Who Qualifies for an Agreed Divorce

You can use one of these packets if you and your spouse:

  • both want to end the marriage
  • agree on whether either of you will pay alimony (and if so, how much)
  • agree on how to divide your property and debts
  • don't own any real estate (such as a house, land, or a condo) or a business together
  • don't have a pension or retirement plan, other than Social Security
  • aren't expecting a child together, and
  • agree on a parenting plan and child support (if you have children together who are younger than 18, in high school, or who have disabilities).

You must also meet one of Tennessee's residency requirements:

  • you or your spouse lived in Tennessee for at least six months before filing, or
  • you lived in Tennessee when the reason for the divorce occurred.

(Tenn. Code § 36-4-104 (2026).)

Filing Your Agreed Divorce Forms

When you file for an agreed divorce, you'll include a written agreement, signed by both of you and notarized. It will contain detailed information about your property, debts, and how you're dividing them. Signing this agreement means you don't have to formally serve each other with divorce papers. (Tenn. Code § 36-4-103 (2026).)

You can download the packet of forms and instructions for an agreed divorce from the Tennessee courts website. Usually, you'll file the forms with the court in the county where your spouse currently lives or where you both lived when you separated. If your spouse doesn't live in Tennessee or is incarcerated, you can file in the county where you live. (Tenn. Code § 36-4-105 (2026).)

Filing Fees for an Agreed Divorce

When you file your papers, you’ll also need to pay a filing fee. For 2026, the base court fee is $175 ($250 if you have minor children), plus your county's added fees. If you can't afford it, you can ask the court to postpone the fee. (Tenn. Code §§ 8-21-401, 20-12-127 (2026).)

How to File for a Divorce Based on Irreconcilable Differences

If you own real estate, a business, or retirement benefits you want to divide, the agreed-divorce form packets won't work for you. However, you can still get an uncontested divorce based on "irreconcilable differences," Tennessee's most common no-fault ground.

When you file on the ground of irreconcilable differences, you can get an uncontested divorce as long as you've reached a settlement agreement covering child support and custody (if you have children), alimony, and property division. If you're having trouble agreeing on any of these issues, mediation might help.

You'll also need to meet Tennessee's residency requirement, described above.

Filing Your Complaint and Settlement Agreement

To proceed, one spouse (the "plaintiff") must file a complaint for divorce stating the ground of irreconcilable differences, along with information about both spouses and any children. When both spouses sign a settlement agreement (which Tennessee law calls a "marital dissolution agreement") and have it notarized, the other spouse waives the right to receive a copy of the complaint by service of process and to file an answer. That waiver is valid for only 180 days after both spouses have signed. If your final hearing doesn't happen within that window, you'll have to sign a new agreement. (Tenn. Code § 36-4-103(a)(2) (2026).)

Along with the complaint and agreement, you might need to complete other forms, including financial disclosures and a parenting plan. To get the proper forms, check with the local court clerk in the county where you'll file or use an online divorce service that provides and completes them for you. To find your local court clerk, see the instructions in the resource section below.

Filing Fees for an Irreconcilable Differences Divorce

You'll pay the same filing fee as you would for an agreed divorce: In 2026, that’s a base court cost of $175 ($250 if you have minor children), plus your county's added fees. If you can't afford it, you can ask the court to postpone the fee. (Tenn. Code §§ 8-21-401, 20-12-127 (2026).)

Attending a Hearing and Finalizing Your Divorce

Whether you file for an agreed divorce or a divorce based on irreconcilable differences, the spouse who filed must attend a final hearing before a judge to finalize the divorce. In practice, it’s best if you both go to the hearing, and some counties require it, so check with the court clerk. If you're not using the agreed-divorce packet, be ready to briefly testify that the marriage is over and that your agreement is fair.

Tennessee has a mandatory waiting period before the final hearing. For couples without unmarried children younger than 18, the waiting period is 60 days from when you filed the petition. Couples with minor children must wait 90 days. (Tenn. Code § 36-4-103(c)(1) (2026).) If you have minor children, each parent must also complete a brief court-approved parenting seminar after filing, unless the judge waives it for good cause. (Tenn. Code § 36-6-408 (2026).)

At the hearing, the judge will review your paperwork and decide whether your agreement provides an "equitable" settlement of your property rights and, if you have children, whether the custody and support provisions are “adequate and sufficient.” If the judge doesn't think the agreement is fair and adequate, you and your spouse may amend it at the hearing. (Tenn. Code § 36-4-103(b) (2026).)

Once approved, the judge will incorporate the settlement agreement into your final divorce decree. (Tenn. Code § 36-4-103(b) (2026).) Your divorce is final when the judge signs the decree and the court clerk files it. (Tenn. R. Civ. P. 58.)

Do You Need a Lawyer to Get an Uncontested Divorce?

Many couples can handle an uncontested divorce (including an agreed divorce) without a lawyer, either on their own or with an online divorce service. But if you're filing based on irreconcilable differences, it's a good idea to have a family law attorney review your settlement agreement to make sure it's fair and protects your rights. If you have complicated assets, like retirement plans or a family business, a lawyer or a mediator with financial expertise can help draft the agreement.

You can find the Tennessee Code Annotated on LexisNexis. Type a section number into the search bar, or open Title 36: Domestic Relations and click through to Chapters 4 to 6, which cover divorce issues.

The Tennessee courts provide the court-approved agreed-divorce packets, with instructions for couples with and without minor children. Many counties have their own procedures, so check the website of the circuit or chancery court clerk in the county where you'll file, or call the office for more information.

The following organizations offer free or low-cost legal help to those who qualify:

If you're not sure whether you qualify for the court-approved forms, or a question comes up that the packet doesn't answer, your county's court clerk, one of these legal aid organizations, or a family law attorney can help you sort out your situation before you file.