Common Divorce Terms in Tennessee

Plain-English meanings of the legal words you’ll see during a divorce. Terms with a gold edge matter most for an uncontested divorce.

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Alimony: Support paid by one spouse to the other after the divorce (not child support). Also called spousal support or maintenance.
Annulment: A court ruling that a marriage was never legally valid. Children born during an annulled marriage remain legitimate.
Arrearages: Past-due support — the difference between the alimony or child support ordered and the amount actually paid.

Child Support: Money a parent pays toward a child’s everyday needs, such as housing, food and clothing.
Child Support Guidelines: The state’s formula for setting child support, based mainly on the parents’ incomes.
Common Law Marriage: A marriage formed by living together and acting as married without a license. Tennessee doesn’t allow common law marriages to be formed here, but may recognize one validly formed in a state that does.
Community Property: A system used in some states that splits marital property 50/50. Tennessee is not a community property state — it uses equitable distribution.
Complaint for Divorce: The document filed with the court that starts the divorce and states the grounds.
Contested Divorce: A divorce where the spouses disagree about the divorce itself or its terms, such as property, debts, support or custody.
Court Order: A written instruction from the court that carries the force of law. Anyone who knowingly violates one can be held in contempt of court.

Defendant: The spouse who is served with the divorce complaint.
Deposition: Questions asked of a party or witness under oath, in front of a court reporter.

Equitable Distribution: Dividing marital property and debts in a way that’s fair, which isn’t always 50/50. This is the system Tennessee uses.

Final Decree of Divorce: The judge’s signed order that ends the marriage. With our Full Service Package, the attorney handling your divorce mails it to you.

Interrogatories: Written questions one side sends the other, to be answered in writing under oath.
Irreconcilable Differences: The “no-fault” grounds for divorce in Tennessee. Neither spouse is blamed, and the differences don’t need to be proven — the spouses agree the marriage can’t be saved.

Maintenance: See Alimony.
Marital Assets: Property acquired during the marriage, no matter whose name is on it — for example homes, cash, vehicles, investments, pensions and insurance.
Marital Dissolution Agreement: The written agreement that spells out the terms of the divorce, such as property, debts and spousal support. Tennessee requires one for an uncontested divorce on the grounds of irreconcilable differences.
Mediation: Working with a neutral third person to reach an agreement.
Motion: A request asking the court to make a decision or take an action.

Notary Public: An official who confirms your identity and witnesses your signature. Your divorce papers must be signed in front of one.

Pendente Lite: Temporary orders, such as support, that last only until the divorce is final.
Plaintiff: The spouse who files the divorce complaint.
Primary Residential Parent: The parent a child lives with most of the time.
Pro Se: Representing yourself in court without an attorney.

QDRO: Qualified Domestic Relations Order — a court order that divides a retirement plan or pension between spouses.

Restraining Order: A court order that stops a person from doing certain things, often to protect property or a person.

Spousal Support: See Alimony.
Subpoena: A court order to appear at a hearing, trial or deposition. A subpoena duces tecum also orders documents to be brought.

Uncontested Divorce: A divorce where both spouses agree to the divorce and all of its terms, without a trial.

Waiting Period: The time Tennessee requires between filing and the final divorce — 60 days for couples without minor children.

This is general information, not legal advice. Disclaimer

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