How to File an Uncontested Divorce in Tennessee

By Christine Funk, J.D.

How to File an Uncontested Divorce in Tennessee

By Christine Funk, J.D.

In Tennessee, parties can file for an uncontested divorce, referred to as an “agreed divorce," if they meet certain requirements and take the necessary steps.

Man in blue button-down shirt sitting at desk working on computer

1. Make Certain You Meet the Requirements

To file for an agreed divorce, you must meet several requirements, including:

  • One or both of you have lived in Tennessee for at least the past six months, or you both lived in Tennessee when you decided to divorce.
  • You have no children with your spouse who are under age 18, still in high school, or are disabled.
  • Neither you nor your spouse is pregnant.
  • Both you and your spouse want to end your marriage.
  • You do not own any land, buildings, or a business together.
  • You do not have retirement benefits.
  • Alimony payments, if any, are agreed to.
  • You agree about how to divide your property.
  • You are both willing to sign the divorce agreement.

If any of these conditions are not met, you cannot get an agreed divorce.

2. Fill Out the Universal Forms for an Agreed Divorce

Tennessee offers free, court approved divorce forms. The Tennessee Supreme Court has declared these forms as “universally acceptable as legally sufficient." However, it is only legally sufficient if you fill the forms in properly and tell the truth in response to all questions on the forms. If you are not truthful in these documents, which will be filed with the court, you could be subject to perjury.

First, fill out the Request for Divorce (Form One). Both parties need to sign this and it must be notarized. Ask the clerk whether you need to fill out a summons or a Civil Case Cover Sheet. Next, fill out Both Parties' Personal Information—To be Filed Under Seal (Form Two). If you need to delay paying the filing fees, also fill out Request to Postpone Filing Fees and Order (Form Three). You will also need Form Three notarized. Fill out Health Insurance Notice (Form Four). You must mail your spouse a copy of Form Four by certified mail.

Fill out Divorce Agreement (Form Five). Both parties must sign this form in front of a notary public. Fill in the Final Decree of Divorce (Form Six). This must be signed by both parties. There will be parts of this form you will not complete—that is for the judge to complete. Ask the clerk for the Divorce Certificate. Fill out as much as you can. Finally, fill out Notice of Hearing to Approve Irreconcilable Differences Divorce (Form 8).

3. File the Forms with the Court

When you file the forms with the court, you either pay the filing fee or file the form requesting a delay for paying the filing fees. Different counties charge different filing fees. Bring extra copies of the forms with you. Ask the clerk to date stamp your copies of the forms as well.

4. Wait at Least 60 Days

Call the clerk to ask how to get a court date for the Final Divorce Hearing. Once the hearing date is set, plan on attending the hearing. Some counties require both parties to be present, however, at a minimum the spouse who filed for the divorce must be present.

5. Attend the Hearing

Attend your divorce hearing. Expect that the judge may ask you questions about the paperwork you have filed. After the hearing, go to the court clerk's office. Ask how you can get a signed copy of the Final Divorce Order. Some counties charge a fee for these copies. If you want a certified copy, expect a charge. If your spouse did not attend the hearing, mail them a copy of the order.

If for some reason an agreed divorce doesn't pan out, consider the council of a Tennessee attorney to walk you through a regular divorce.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.