Tennessee Divorce Records

Tennessee is one of the states with the most divorces in the United States. With a median divorce rate of 3.0 per 1,000 residents, the state's rate of divorce is higher than the national average, which currently stands at 2.4 people per 1,000 total population. In 2020, Knox County had a total of 1,642 divorced persons, making it the county with the highest number of divorcees in the state that year. Although Tennessee's divorce rate is currently high, it is one of the lowest the state has had in over two decades.

Divorce records in Tennessee are of three kinds, namely the following:

• Divorce Decree - This is a several-page document containing the court order terminating a marriage. Commonly known as the final decree of divorce, it is typically a summary of the terms of a divorce, including the responsibilities and rights of each party in the divorce.
• Divorce Certificate - A divorce certificate primarily contains essential details of a divorce, including the names of the parties, the location of the divorce, the date of the divorce, and other important information. It is generally a proof of divorce between two individuals.
• Divorce Case Files - These generally hold information about the court proceedings in a divorce process.

Tennessee divorce records are created by the court clerk during a divorce process within the state. Once generated, these records are maintained by the county clerk's office, where the divorce was finalized. They are also available at the Office of Vital Records of the Tennessee Department of Health.

What Are the Residency Requirements for Divorce In Tennessee?

As stipulated in Section 36-4-104 of the Tennessee Code, at least one of the spouses in a proposed divorce must have resided in the state for not less than six months to be eligible to file for divorce in the state. A divorce may be filed in the county where one of the spouses resides if both of them live in different counties.

What Are the Grounds for Divorce in Tennessee?

Tennessee law permits both fault-based divorce and no-fault-based divorce:

• No-Fault-Based Divorce - In a no-fault divorce, the court needs no particular reason to hear and decide a divorce case. Generally, both parties in the divorce only have to agree that irreconcilable differences are the basis for wanting to get a divorce. However, they must also be able to reach an agreement on various terms of the case, including child custody, child support, and marital property division.
• Fault-Based Divorce - This is a divorce in which a party files for divorce based on a specific reason. Per Section 36-4-101 of the Tennessee Code, a person may cite any of the following grounds to get a divorce in the state:
  • Adultery
  • Cruel treatment by the other party
  • Desertion
  • Impotence and inability to procreate
  • Bigamy
  • Pregnancy (the woman is pregnant by another woman)
  • Attempted murder by the other party
  • Abuse of narcotic drugs or habitual drunkenness
  • Abandonment
  • Indignities
  • Conviction for an infamous crime
  • Felony conviction
  • Living separately and not cohabited for a period of two or more years, and there are no minor children

How Much Does It Cost To File for Divorce in Tennessee?

The median cost of any divorce in Tennessee is about $9,700, and if there are minor children, the average could be around $16,000. The national average is $11,600.

Depending on the county and whether there are minor children, the basic filing fee for a divorce in Tennessee ranges between $170 and $390. For instance, the basic filing fee for a divorce in Shelby County is $381.5 for a divorce with minor children and $306.5 with no minor children. On the other hand, Davidson County's divorce filing fee for divorce with minor children is $301.5 and $226.5 without minor children.

A lot of factors contribute to the exact cost of divorce in Tennessee, including the following:

• Property division and debt responsibility
• Attorney fees
• Child support and child custody
• Spousal support (Alimony)
• Complexity and duration of the divorce process

How Long Is the Waiting Period for Divorce in Tennessee?

According to Section 36-4-101(b) of the Tennessee Code Annotated, the state has a mandatory waiting period of 60 days after a divorce complaint is filed if there are no minor children involved. A divorce involving minor children has a mandatory waiting period of 90 days after filing a divorce petition. Generally, no initial divorce hearing may take place until the mandatory waiting period elapses.

Unlike some states, there is no mandatory separation period before a divorce in Tennessee. However, spouses who plan to divorce on the no-fault grounds in the state must be legally separated for at least two years and have no minor children to be eligible for divorce.

How To File for Divorce in Tennessee

Once residency requirements are met, the steps to file for divorce in Tennessee typically include the following:

• The plaintiff or petitioner should complete a divorce complaint using any of the following forms, depending on the situation:
  • Divorce Forms With Minor Children
  • Divorce Forms with No Minor Children
• File the completed complaint forms in the county where the petitioner lived at the time of separation or where the defendant currently lives. Depending on the county, a divorce complaint may either be filed in the Circuit Court or Chancery Court in Tennessee.
• Serve a copy of the divorce complaint/petition and the summons on the other party (defendant) to officially notify them of the case.
• Observe the mandatory waiting period, during which both parties may consider their decision with the possibility of reconciling before the divorce process is concluded.
• Where reconciliation is impossible, go on to negotiate a settlement to agree on the terms of the divorce. This generally involves gathering information about the other party's property and finances, commonly known as the discovery process.
• If both parties are unable to reach a settlement agreement, the case will go to trial, during which the judge will hear testimony and review evidence from both sides.
• Afterward, the judge will decide on the contested issues and enter a final decree of divorce to legally terminate the marriage.

Are Divorce Records Public in Tennessee?

Although Tennessee divorce records are considered public records under the state's Public Records Law unless sealed, there are some restrictions. Generally, divorce records in the state do not become public until 50 years after such divorces were finalized or granted, as stipulated in Section 68-3-205(e) of the state's Code Annotated. Only certain individuals with direct or legitimate claims may access Tennessee divorce records in the first 50 years of the event. Such persons include the parties named in the records, their legal representatives, close relations, and law enforcement agencies.

How To Get Certified Copies of a Divorce Decree in Tennessee

Certified copies of a divorce decree may be obtained by submitting a request at the Circuit Court or Chancery Court in the county where the divorce was granted. However, only eligible persons may get copies of divorce decrees under 50 years. While some counties may accept written requests, others have dedicated application forms for this type of request. Contacting the clerk of the court to learn about the process and preference is often recommended.

When requesting a Tennessee divorce decree, it is important to include the date of the divorce, case number/case ID, names of the parties in the divorce, and any other details that can help facilitate the search. Each page of a Tennessee divorce decree obtained from the Chancery or Circuit Court costs 50 cents per page while certifying the entire copy costs a $5 fee.

Furthermore, eligible individuals may also obtain certified copies of Tennessee divorce certificates online, in person, or by mail from the Department of Health's Office of Vital Records. It costs $15 to obtain a copy of a divorce certificate in the state and the same amount for each additional copy.

Divorce Settlement: Is Tennessee a 50/50 State?

Tennessee is not a 50/50 (or community property distribution) state for the division of marital assets in divorce. Rather, it is an equitable property distribution state. During marital property division in a typical Tennessee divorce, the court may equitably distribute, divide, or assign the asset between both spouses in the proportion it finds fair without considering marital fault. This is unlike a community property distribution state where marital assets are typically divided equally between the two parties in a divorce.

In deciding what is fair and just marital property distribution in a divorce process in Tennessee, the court considers several factors, including the following, per Section 36-4-121 of the state's Code Annotated:

• The value of the separate asset of each spouse.
• The duration of the legal union.
• Each party's contribution to the acquisition, depreciation, appreciation, and preservation of the marital and separate property.
• The amount of social security benefits available to each party.
• The tax consequences of the property distribution to each spouse and other reasonably foreseeable expenses associated with the property.

FAQs About Divorce Process In Tennessee

Frequently asked questions regarding the divorce process in Tennessee and their answers include the following:

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