Imagine facing a major life change and wondering how long it will take before you can finally move forward. Divorce can be emotionally draining, and understanding how long the divorce process takes in Tennessee helps you prepare with clarity and confidence. The timeline often depends on whether your case is contested, uncontested, or involves children.
Under Tennessee Code Annotated § 36-4-101(b), the law requires a waiting period before a divorce can be finalized. Couples without children must wait at least 60 days, while those with children must wait 90 days. This period gives both spouses time to reflect, organize documents, and plan their next steps.
Beyond this waiting period, several factors can affect the overall timeline. Cooperation between spouses, the discovery process, and court scheduling all play a part. This guide explains how long the divorce process takes in Tennessee and how the right legal guidance from a Franklin divorce lawyer can make every step easier.
Basic Timeline Requirements
Understanding Tennessee’s divorce timeline helps you plan each stage with confidence. Specific laws set minimum waiting periods and residency rules that determine when and where you can file.
Mandatory Waiting Period
The waiting period begins on the day you file for divorce, not when your spouse is served. Couples without children must wait 60 days, and those with children must wait 90 days before finalization. This TN divorce laws’ waiting period ensures both parties have time to reflect and prepare before the court proceeds.
Residency and Filing Rules
At least one spouse must have lived in Tennessee for six months if the cause for divorce occurred elsewhere. The case should be filed in the county where either spouse currently resides to ensure proper jurisdiction. A divorce lawyer can help you meet these requirements and prevent avoidable filing delays.
Uncontested Divorce Timeline
No Minor Children (≈ 2–3 months total)
The process for couples without children is generally faster and straightforward:
- File the complaint, serve your spouse, or obtain a waiver within two weeks.
- Observe the 60-day waiting period required.
- After day 60, submit the Marital Dissolution Agreement (MDA) and attend a brief final hearing to finalize the divorce.
With Minor Children (≈ 3–4 months total)
When children are involved, a few additional steps apply:
- File the complaint and prepare a Permanent Parenting Plan as required by Tennessee Code § 36-6-404.
- Complete the mandatory parenting class within the 90-day period.
- Once both parents agree on all terms, the court can finalize the divorce shortly after day 91.
Contested Divorce Timeline
A contested divorce takes longer because both spouses disagree on key issues like custody or property. The process moves through several stages, each requiring time for filings, hearings, and possible negotiations. Understanding these phases helps you prepare for what lies ahead and work efficiently with your attorney.
Early Phase (1–3 months)
The case begins with the service of process and the filing of responses by the other spouse. During this stage, the court may issue temporary orders to manage custody, support, or finances. These temporary hearings help maintain stability until the final divorce ruling is reached.
Discovery and Resolution (4–12 months)
Both sides exchange financial documents, conduct depositions, and complete property evaluations to build their case. Court-ordered mediation helps resolve disagreements before trial. If mediation fails, an attorney can represent you as the court schedules a trial based on availability.
Factors That Affect How Long Divorce Takes
Several factors can make the divorce process in Tennessee move quickly or drag on longer than expected. Understanding these issues helps you prepare for possible challenges and make choices that support a smoother outcome.
Causes of Delay
Delays often occur when paperwork is incomplete or filed incorrectly, causing the court to reject submissions. Disagreements over property division or child custody can also extend the timeline significantly. Serving the other spouse can be difficult, especially if they live out of state or try to avoid contact.
Ways to Speed the Process
Filing complete and accurate documents early prevents unnecessary court delays. Cooperation during mediation and signing agreements promptly can help move the process forward. Staying calm and respectful keeps discussions productive and reduces the need for contested hearings, saving time and stress for both parties.
Approximate Total Duration
Quickest Possible Cases
Some divorce cases in Tennessee move quickly, particularly when both spouses agree on all terms and there are no disputes over property or custody. These are known as uncontested divorces, and their duration mainly depends on the statutory waiting periods.
- Uncontested, no children: These cases typically take about 2 months, which includes the mandatory 60-day waiting period under Tennessee law. After this time, the court can approve the Marital Dissolution Agreement and finalize the divorce in a short hearing.
- Uncontested, with children: When minor children are involved, the process extends to around 3 to 4 months, as couples must also complete the 90-day waiting period and attend a parenting class before final approval.
These timelines assume that both parties respond promptly, paperwork is filed correctly, and no additional hearings are required.
Longer or Complex Cases
Divorces become more time-consuming when disagreements arise over child custody, asset division, or spousal support. These are referred to as contested divorces, and the process can vary widely depending on how much evidence must be gathered and how quickly both sides cooperate.
- Contested cases can take anywhere from 6 to 18 months on average, particularly if discovery, depositions, or multiple court appearances are necessary.
- Additional factors such as expert evaluations, financial investigations, or scheduling delays due to busy court dockets can extend the case even further.
The more complex the dispute, the longer it takes to reach a resolution. Working closely with a family law attorney early in the process can help streamline filings, negotiations, and hearings, reducing unnecessary delays.
Conclusion
A Tennessee divorce can take only a few months when both spouses cooperate and handle documents on time. Disputes over property or custody often extend the process, especially when communication breaks down or court hearings are delayed. The more organized and open both sides are, the faster the outcome tends to be.
Working with an experienced Franklin divorce lawyer ensures every detail is managed correctly from the start. Skilled attorneys guide clients through paperwork, mediation, and court proceedings efficiently. With the right support, couples can move forward with confidence and achieve closure sooner.
At Durak Law, we understand that divorce can bring uncertainty and emotional strain. Our team is here to guide you through every step of the process with clarity and compassion. Contact us today at (629) 210-0866 for a free case evaluation and learn how our experienced family law attorneys can help protect your rights and secure a fair outcome. Available 24/7, we’re ready to support you when you need it most.
