General information about how divorce works in Tennessee courts
Call (931) 552-6000A Tennessee divorce begins when one spouse files a complaint in a court that has divorce jurisdiction, which is usually Chancery or Circuit Court. Tennessee law says the complaint may be filed in the county where the spouses lived when they separated, or in the county where the other spouse lives if that spouse is a Tennessee resident. If the other spouse lives outside Tennessee, the case may be filed where the filing spouse lives. For couples who live in or near Clarksville, that often means Montgomery County, but it can mean a neighboring county.
In general, either spouse must have lived in Tennessee for at least six months before the complaint is filed. There is an exception when the conduct that is the ground for the divorce took place while the filing spouse was a Tennessee resident. Residency questions can become complicated, especially for families who move often, so it is worth checking the facts early.
Many Tennessee divorces are filed on the ground of irreconcilable differences. When the spouses reach a written agreement on all issues, the case can generally be heard after the complaint has been on file for 60 days if there are no minor children, or 90 days if there is a child under 18. Those periods run from the date the original complaint is filed. If the spouses cannot agree, the case takes longer and may include discovery, mediation and a trial.
Tennessee courts commonly send disputed family cases to mediation, which is governed by Tennessee Supreme Court Rule 31. A settlement reached in mediation can be written into the final decree, and it often saves time and expense compared with a trial.
When a divorce involves a minor child, Tennessee law requires the final decree to include a permanent parenting plan. The plan sets out a residential schedule, how major decisions about education, health care, extracurricular activities and religious upbringing will be made, and a process for resolving disputes before returning to court. If the parents cannot agree, each parent files a proposed plan before trial and the court decides what is in the child’s best interest. Child support is calculated under state guidelines.
Tennessee divides marital property “equitably,” which does not necessarily mean equally, and without regard to which spouse was at fault. The court looks at many factors, including the length of the marriage, each spouse’s earning capacity and contributions, and the value of each spouse’s separate property. Property a spouse owned before the marriage, and gifts and inheritances received by one spouse, are generally separate property, although there are exceptions. Business interests, retirement accounts and the family home often need careful valuation and planning.
Divorce and custody matters are personal and stressful, and no two are the same. We start by listening, explaining the process and the court that will likely hear the case, and discussing options, including settlement. If you own a small business or other significant property, our attorneys also work in business matters and can help identify issues early. Planning after a divorce often includes updating a will and beneficiary designations; see wills and trusts.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). Divorce cases are filed in the county where the spouses lived when they separated or where the other spouse lives, so the right court depends on your circumstances.
Call to schedule a consultation about a divorce or family law matter.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.