What It Means to Have an Uncontested Divorce in Tennessee

Published On - April 25, 2025

Dinah Michael Divorce

The decision to end a marriage is rarely made easily nor without emotional and financial consequences. If you have made that decision, the next step is to begin the legal process of divorce. While most of us envision divorce as a difficult, adversarial process, it does not have to be that way. In Tennessee, you have the option to pursue an uncontested divorce, which can make the process smoother, quicker, and less stressful for everyone involved. To be eligible to take the uncontested divorce route, however, you and your spouse must agree on all issues involved in dissolving your marriage, including property division, spousal support (if any), child custody and visitation, and child support. To help you prepare for the legal road ahead of you, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby explains what it means to have an uncontested divorce in Tennessee.

Who Is Eligible for an “Agreed Upon” Divorce in Tennessee?

Tennessee law allows for a simplified divorce process, often called an “agreed divorce,” four couples who meet the eligibility criteria. If you qualify for this route, the divorce process will cost less and be much faster. To qualify for this simplified version of divorce in Tennessee each one of the following must be true: 

  • One or both of you lived in Tennessee for at least the past 6 months OR you both lived in Tennessee when you decided to divorce.
  • You and your spouse have no children together who are under 18, in high school, or are disabled.
  • Neither spouse is pregnant.
  • You both want to end your marriage.
  • You don’t own buildings or land or a business together or have retirement benefits.
  • You can agree on alimony and how to divide your property and will both sign a Divorce Agreement.

Can We Pursue an Uncontested Divorce in Tennessee?

Even if you do not meet all the eligibility criteria for an “agreed upon” divorce, you may still pursue an uncontested divorce if you and your spouse reach a settlement on all issues related to the divorce. Although you cannot follow the simplified procedures for an “agreed upon” divorce, your divorce can be simpler, less costly, and less stressful if you are able to reach an agreement with your spouse on all issues, meaning that there are no disputed matters to litigate.

Grounds for an Uncontested Divorce in Tennessee

In Tennessee, you must allege legal grounds for divorce whether the divorce is “agreed upon,” uncontested, or contested. Tennessee allows you to file based on both fault and no-fault grounds. Fault grounds in a Tennessee divorce include: 

  • Adultery
  • Habitual drunkenness or abuse of narcotic drugs
  • Living apart for two years with no minor children
  • Inappropriate marital conduct
  • Willful or malicious desertion for one full year without a reasonable cause
  • Conviction of a felony
  • Pregnancy of the wife by another before the marriage without the husband’s knowledge
  • Refusal to move to Tennessee with your spouse and living apart for two years
  • Malicious attempt upon the life of another
  • Lack of reconciliation for two years after the entry of a decree of separate maintenance
  • Impotency and sterility
  • Bigamy
  • Abandonment or refusal or neglecting to provide for spouse although able to do so.

If you choose to allege fault grounds, your divorce will be a contested divorce, and you will need to prove the grounds alleged during the course of your divorce.

Tennessee also allows you to allege “irreconcilable differences” as your grounds for divorce if you wish to pursue an uncontested divorce. When you allege irreconcilable differences, you are essentially saying that you and your spouse no longer wish to be married without alleging that either of you caused the breakdown of the marriage.

Waiting Period and Filing Requirements for an Uncontested Divorce in Tennessee

Even if you are filing for an uncontested divorce based on irreconcilable differences in Tennessee the law imposes a mandatory waiting period. If you do not minor children, the court must wait at least 60 days from the date the divorce complaint is filed before granting a divorce whereas if you do have minor children, the waiting period is extended to 90 days. Before the court can grant the divorce, you must file a Marital Settlement Agreement and a Permanent Parenting Plan (if applicable). These documents lay out the terms of your settlement regarding the marital assets and debts, child custody and support, and alimony (if applicable). Both parties must sign and file them with the court before the judge can finalize the divorce. After the waiting period has expired, at least one party must appear for a brief hearing to confirm the facts of the case and to ensure the agreements are fair and lawful before the court can enter a final order granting the divorce.

Do I Need an Attorney for an Uncontested Divorce in Tennessee?

Even if you believe that you and your spouse agree on all the terms of your divorce, it is wise to work with an experienced divorce attorney to ensure your rights are protected and the paperwork is properly prepared and filed. Not only can an attorney help you navigate the legal system, but should your divorce turn adversarial you will already have an attorney ready to protect your interests going forward.

Contact a Murfreesboro Divorce Attorney 

If you have additional questions about a Tennessee divorce, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.

 

Dinah Michael
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