If you and your spouse agree that the marriage is over, and you agree on how to split what you own and owe, Tennessee lets you end it without a courtroom fight. That's an uncontested divorce, and for most couples it's the fastest, least expensive and least stressful way to get divorced in Tennessee.
This guide walks through how it works, step by step, from the first conversation to the final decree.
The short answer: An uncontested divorce in Tennessee is based on "irreconcilable differences" and a written agreement that you both sign. After the papers are filed, the law requires a 60-day wait for couples without minor children. Most uncontested divorces without children are final in about two to three months.
What is an uncontested divorce in Tennessee?
An uncontested divorce is one where both spouses agree on every issue. In Tennessee it's usually filed on the ground of irreconcilable differences, the state's no-fault ground. Nobody has to prove that the other spouse did anything wrong.
The key document is the Marital Dissolution Agreement, often called the MDA. It's a written agreement that spells out how you'll divide your property and debts and whether either spouse will pay alimony. A Tennessee judge can grant a divorce on irreconcilable differences only when the agreement makes a fair (the law says "equitable") settlement of your property. If any of these words are new, see our common divorce terms.
Who qualifies for an uncontested divorce in Tennessee?
Before anything is signed, check these four things:
- You both agree on everything. That includes the house, vehicles, bank accounts, debts and whether there will be alimony. If you're close but not quite there, settle the last details before you file.
- At least one of you meets Tennessee's residency rule. Generally, one spouse must have lived in Tennessee for the six months before filing. There's an exception when the reasons for the divorce arose while you lived in Tennessee.
- Your spouse will sign. An uncontested divorce needs both signatures. If your spouse won't sign or can't be found, the case is contested.
- Children change the process. If you have children under 18 together, Tennessee also requires a parenting plan, child support worksheets, a parenting class and a 90-day wait instead of 60 days.
Our online uncontested divorce service is for couples who don't have minor children together. Not sure your divorce qualifies? Answer a few quick questions. It takes about a minute.
The 7 steps to an uncontested divorce in Tennessee
Step 1: Agree on the big decisions
Sit down together, or trade notes if that's easier, and decide who keeps what. Most couples need to settle:
- The house: sell it, keep it, or have one spouse buy the other out
- Vehicles, and who pays any loans on them
- Bank accounts and savings
- Credit cards and other debts
- Retirement accounts
- Alimony: whether either spouse will pay it, how much and for how long
- Whether either spouse wants a former name restored
Step 2: Gather the information you'll need
The papers ask for details like your date and place of marriage, your date of separation, both spouses' addresses, and a list of your property and debts. Having account names, vehicle details and any deed or mortgage information on hand makes this part quick.
Step 3: Put the agreement in writing
Your decisions go into the Marital Dissolution Agreement, along with a Complaint for Divorce, the document that asks the court to grant the divorce. The wording matters. A vague agreement can cause problems years later, for example over who has to pay a debt that's still in both names.
Step 4: Both spouses sign in front of a notary
Both of you sign the papers in front of a notary public. When the other spouse signs a notarized Marital Dissolution Agreement, Tennessee law treats that as their appearance in the case, so they usually don't have to be formally served by a sheriff or process server.
Step 5: File the papers with the court
The signed papers are filed with the circuit or chancery court clerk in the proper Tennessee county, and the court's filing fee is paid. Each county sets its own filing fee, so the amount varies.
Step 6: Wait out the 60-day waiting period
Under Tennessee law, a divorce on irreconcilable differences can't be heard until the papers have been on file for 60 days if the couple has no unmarried children under 18 (90 days if they do). The clock starts on the day the papers are filed, not the day you sign them. There's nothing you need to do during this time.
Step 7: The judge signs the final decree
After the waiting period, the judge reviews your agreement. If it's fair, the judge signs the Final Decree of Divorce, and your divorce is official. How this happens depends on the county. Some courts finalize uncontested divorces without children by sworn affidavit, while others hold a short hearing.
How long does an uncontested divorce take in Tennessee?
| Stage | Typical time |
|---|---|
| Agreeing and preparing the papers | A few days to a few weeks |
| Signing in front of a notary and filing | About a week |
| Tennessee's waiting period (no minor children) | 60 days from filing |
| Final decree signed | Depends on the court's schedule |
For most couples without children, the whole process takes about two to three months. The biggest variable is how quickly you and your spouse agree and sign.
Do we both have to go to court?
Often not, but it depends on the county. Some Tennessee courts finalize uncontested divorces without children by affidavit, so neither spouse has to appear. Others schedule a brief hearing. With our Full Service package, you never have to go to court. A licensed Tennessee attorney takes care of everything with the court for you.
How much does an uncontested divorce cost in Tennessee?
The cost comes from two places: the court's filing fee, which varies by county, and the cost of preparing the papers. Doing it yourself looks cheapest at first, but it often costs the most in the end. We often see do-it-yourself papers come back with mistakes, like a missing form, a property detail left out, or papers filed in the wrong county. Each mistake can mean another trip to the courthouse, another filing, more time off work and more weeks before your divorce is final.
A traditional attorney avoids those mistakes but usually costs the most. An attorney-prepared online divorce gives you the best of both: a licensed Tennessee attorney prepares and files your papers, there's no court appearance for you, and the Full Service package comes with a money-back guarantee. You can see our pricing here.
Can you file for divorce without a lawyer in Tennessee?
Yes. Tennessee allows you to file your own divorce. But when people do it themselves, we often see the same problems:
- Papers sent back by the clerk for a missing form or the wrong county
- An agreement the judge won't approve because it leaves out a debt, a vehicle or the house
- A second or third trip to the courthouse, and each one is a day off work
- Problems that show up years later, like a debt that's still in both names
With our service, a licensed Tennessee attorney prepares your papers from your online divorce interview and files them with the court for you, with no court appearance for you. It's done right the first time, so you can spend your time at work or with your family instead of at the courthouse. See if you qualify in about a minute.
When an uncontested divorce isn't the right fit
An uncontested divorce won't work if your spouse won't sign, can't be found, or you still disagree on important issues. Our online divorce service also isn't the right fit if you have minor children together or need to divide a retirement account. In those situations, you can request a free consultation with a Tennessee divorce attorney.
After your divorce is final
Once you have your decree, take care of a few loose ends:
- Get a certified copy of the Final Decree of Divorce for your records
- If your former name was restored, update it with Social Security, the driver's license office and your bank
- Retitle vehicles and, if needed, the house
- Close or separate joint bank accounts and credit cards
- Update the beneficiaries on life insurance and retirement accounts
The bottom line
If you and your spouse agree on everything, an uncontested divorce is the simplest way to end a marriage in Tennessee: work out your agreement, sign in front of a notary, file, and wait out the 60 days.
Ready to see if an online divorce fits your situation? See if you qualify in about a minute, or read how our online divorce service works.
Sources: Tennessee Code Annotated § 36-4-101 (grounds for divorce), § 36-4-103 (irreconcilable differences, waiting periods and marital dissolution agreements) and § 36-4-104 (residency); Shelby County Divorce Referee: Uncontested Divorces.