Am I Eligible to File for Divorce in Tennessee? (2026)

Work through this eligibility checklist before filing. Tennessee's 6-month residency and MDA requirements are the two most common eligibility questions.

Disclaimer: General legal information only. Consult a licensed Tennessee attorney for your situation.

Section 1 — Residency

Tennessee requires one spouse to have been a Tennessee resident for at least 6 months before filing.

Ask yourself:

  • Have you lived in Tennessee for at least 6 months? → ✅ You can file
  • Have you lived in Tennessee for less than 6 months, but your spouse has lived in Tennessee for 6+ months? → ✅ Your spouse can file (you're the Respondent)
  • Has neither of you lived in Tennessee for 6 months? → ❌ You must wait until the residency requirement is met

Where to file:

  • In the county where either spouse has lived for the past 6 months, OR
  • In the county where you last lived together as a married couple

Section 2 — Which Court?

Tennessee counties use either Circuit Court or Chancery Court for divorce — varies by county. Check your county before filing.

  • King County → Chancery Court
  • Other counties → check tncourts.gov or call the county clerk

Getting this wrong costs time. Confirm before you file.

Section 3 — Ground for Divorce

No-Fault: Irreconcilable Differences (Most Common)

  • Requires a signed Marital Dissolution Agreement (MDA) before the divorce can be granted
  • The MDA means both spouses have agreed on all terms: property, debts, support, and (if applicable) parenting arrangements
  • No hearing required in most counties if MDA is complete

Fault Grounds (TCA §36-4-101)

Tennessee has 15 fault grounds:

  1. Inappropriate marital conduct (cruel or inhuman treatment causing reasonable fear or danger)
  2. Adultery
  3. Willful desertion for 1 year
  4. Pregnancy by another man at time of marriage
  5. Felony conviction with imprisonment
  6. Habitual drunkenness
  7. Indulging in drugs
  8. Impotence at time of marriage
  9. Attempted murder of spouse
  10. Refusal to remove to Tennessee and 2-year absence
  11. 2-year continuous separation (with no minor children)
  12. Bigamy
  13. Abandonment
  14. Conviction of infamous crime
  15. Joining a religious group professing against marriage

If filing on fault grounds, you'll need evidence — an attorney is strongly recommended for contested fault divorces.

Section 4 — MDA Readiness

If filing on irreconcilable differences (no-fault), assess whether you and your spouse can reach agreement:

  • Agree on all marital property division
  • Agree on all debt allocation
  • Agree on spousal support (type, amount, duration) or mutual waiver
  • If children: agree on Parenting Plan and child support

If all four: → ✅ Proceed with MDA and no-fault filing If any is unresolved: → Consider mediation before filing

Section 5 — Children

If you have minor children (under 18):

  • A Permanent Parenting Plan (PPP) — on the official Tennessee statutory form — is required
  • A Child Support Worksheet must be completed
  • Both parents may be required to attend a parent education seminar
  • Waiting period is 90 days (not 60) when minor children are involved

Last reviewed: March 2026 | Tennessee divorce: 6-month residency, MDA required for no-fault | tncourts.gov

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.