How to File an Uncontested Divorce in Tennessee

Applying for divorce in Tennessee is easier if the divorce is uncontested.

If you live in Tennessee and wish to file an uncontested divorce, or if you lived in Tennessee for at least six months prior to filing and the events that you will site as grounds for the divorce took place there, you can file with the county where you lived when you separated, the county where you currently live if you are still a Tennessee resident or the county where your estranged spouse resides if you are no longer a Tennessee resident.

Things You'll Need

• Marital Dissolution Agreement, Form 400 Case Cover Sheet, Form 10 Complaint for Divorce, Form 100 Amendment, Form 115 (if applicable) Divorce Certificate, Form PH1682 Affidavit of Indigency, Form 30 (if applicable) Permanent Parenting Plan, Form 145 (if applicable) Parenting Class Certificate (if applicable) Wage Assignment Order, Form 340 (if applicable) Title IV-D, Form 415 (if applicable)

Instructions

1. Define whether the divorce is fault or no-fault. It is no-fault if there are irreconcilable differences, a Marital Dissolution Agreement that is signed by both spouses, or if the spouses have no children and have lived in separate residences for at least two years. If none of these apply, and there are other grounds, then this is an at-fault divorce.

2. Obtain signatures from both spouses on a Marital Settlement Agreement before a Notary Public and have the document notarized if the no-fault divorce is based on irreconcilable differences. This document lists the name and location of the court handling the case, the case's docket number and a statement that the respondent (spouse who is not initiating the proceedings) understands that the divorce will take place in Tennessee and waives any additional service of process.

3. Obtain the respondent's signature on a Marital Dissolution Agreement for other uncontested divorces. Obtain, complete and turn in to the court forms 10, 100, and PH1682. If there are children who need to be provided for by one or both spouses, also complete and turn in forms 145, 340 and a certificate stating that you have completed the court-mandated parenting class. Consult your county's clerk of the court for the proper procedure to file these documents and for locations and dates of parenting classes.

Tips & Warnings

• This information may vary by county, so contact your local clerk of court, attorney or legal aid office to ensure you know the proper procedures for your specific location. This information does not replace the advice of official legal counsel by a member of the Bar, licensed to practice family law in Tennessee.

References

• Divorce Support: Tennessee Uncontested Divorce