Guide to Tennessee Divorce Records

In the U.S., laws governing the dissolution of marriage and the maintenance of divorce records vary by state. Therefore, when couples decide to get divorced in the State of Tennessee, they must follow Tennessee's specific rules and procedures.

In Tennessee, the divorce process begins with one spouse filing a complaint in either the Chancery Court or the Circuit Court of an appropriate county. Once the court determines that the complaint is valid and that all required legal elements have been satisfied, it will issue a Final Decree of divorce.

A Tennessee divorce record is built as the case progresses through its different stages. From the filing of the original complaint to the Final Decree, the court compiles all filings made during the proceedings. These can be filings by the opposing party, temporary orders, financial disclosures, parenting plans, and motions for various relief filed during the proceeding.

Ultimately, this creates a comprehensive history of what occurred in the divorce case and how the court determined certain issues for the divorcing couple. A Tennessee divorce record typically contains the following:

• Identifying information about each spouse

• County in which the divorce was filed

• The court in which the divorce was filed.

• Grounds for the divorce (no-fault or fault-based)

• Parenting and child custody arrangement

• Orders for child support and spousal support

Generally, official divorce records can usually only be accessed by contacting the Court Clerk's office of the county where your divorce was finalized. Most older records will likely be stored in file storage units or archives, while newer divorce records will be in computer systems.

Understanding how Tennessee creates divorce records, what information is included in those records, and how courts determine property division and custody issues helps you navigate the Tennessee divorce legal system. It also helps you to locate and request the appropriate documents more easily.

Where Are Tennessee Divorce Records Stored?

Tennessee Divorce Records are maintained at the county and state levels rather than in a centralized database.

The official case file, which includes the full decree and all supporting documents from the divorce proceedings, will be found with the Clerk of the Circuit Court or Chancery Court in the county where the final divorce was obtained. At the state level, the Tennessee Department of Health, Office of Vital Records, maintains a summary certificate (divorce certificate) of the divorce proceedings, and not the entire court record.

In Tennessee, divorce records are maintained by counties as either physical or digital records, depending on the record's age and the county in which it is located. Paper copies of older divorce records can typically be found in local courthouse archives or storage facilities; however, some counties have recently implemented electronic case management systems to store newer records. Although many of these new records are now stored electronically, most people will still need to contact the county court clerk to obtain a certified copy of a divorce decree.

Is Tennessee a 50/50 Divorce State

Tennessee is not a 50/50 or community property divorce state. Tennessee is an equitable distribution state as outlined in the Tennessee Code Annotated § 36-4-121. The law states that when dividing property acquired by a husband or wife during their marriage (marital property), a court should do so equitably rather than always dividing it equally. Therefore, a Tennessee judge will focus more on dividing marital property in a way that fairly reflects what occurred during the marriage, rather than on splitting all marital property evenly.

Several factors shape how property is divided in Tennessee.

• Length of Marriage: As a general rule, the longer the couple has been married, the higher the chance of equitable distribution of marital properties. Couples with short marriages tend to keep the majority of their separate, pre-marriage property or earnings.

• Contributions Made by Each Spouse: Both parties' contributions to the marriage, financially and otherwise, are taken into account to determine what percentage of marital assets each party is entitled to.

• Income and Earning Capacity: Judges evaluate each spouse's current income and earning capacity, as well as their work experience and educational background.

• Marital Property and Separate Property Consideration: Courts typically only divide marital property, which is all property acquired during the marriage. Separate property is usually excluded from division unless it has been commingled with marital property, making it difficult to separate.

• Fault Consideration: Tennessee is a “fault”-based state. Therefore, the court may consider marital conduct that could result in one spouse receiving less than 50% of the marital estate. Examples include infidelity or other forms of marital misconduct that would create an inequitable distribution of marital assets.

Types of Tennessee Divorce Records

Divorce records in Tennessee are available in several formats to meet the varying needs of people obtaining them. A person getting married again may only need to confirm whether their prior marriage was dissolved. On the other hand, an individual attempting to modify a child support order may require the complete divorce records.

Tennessee Divorce Certificate (Certificate of Divorce)

The Tennessee divorce certificate, also known as the “Certificate of Divorce,” is an official document that provides a brief summary of your divorce. The Tennessee Department of Health issues these documents. Divorce certificates provide basic information about the divorcing parties, including the couple's names, the date of the divorce, and the county where the divorce was filed.

Divorce certificates have some limitations. Although it can be used for various types of identification or to present when remarrying, the document excludes information on orders issued during the divorce process. If you need specifics from a court decision regarding your divorce, you will still need a copy of the full court decree.

Divorce Decree (Final Judgment of Divorce)

The divorce decree contains the full scope of the judicial decisions made during a couple's divorce proceedings and is typically issued by the Circuit Court or Chancery Court where the proceedings were held. As the court's final ruling, it has binding effects on the husband and wife. Once an individual receives a divorce decree, it is considered an official declaration that the marriage has been terminated.

A divorce decree may be used to confirm a party's obligation to pay alimony (spousal maintenance) and other financial obligations. In addition, the divorce decree can establish or modify significant aspects of a family relationship, including property division, child custody and visitation rights, and child support. The divorce decree is usually prepared by the Clerk of the Circuit Court or Chancery Court in the county where the divorce was filed. Almost all divorces completed within Tennessee will include at least some or all of the following provisions:

• Property and Debt Distribution: The divorce decree outlines how marital property, including debts and assets, is distributed between the spouses.

• Alimony: The divorce decree provides specific details about the type of alimony ordered, if any; the amount to be paid; and the duration.

• Child Custody and Support: Details regarding arrangements for the care of a minor child, with regard to both legal and physical custody, and who shall be responsible for providing financial support for the child.

• Final Judgment Date: The divorce decree will indicate the date the judge signed it, which is the date the court officially terminated the parties' marriage.

How to File for Divorce in Tennessee (Step-by-Step)

Before you can file for a divorce in Tennessee, you or your spouse must meet the state's residency requirement. The residency requirements are defined in the Tennessee Code Annotated. § 36-4-104. Per the law, a spouse who wants to file for divorce must have been a resident of Tennessee for at least 6 continuous months before filing their complaint with the court. This allows the court to obtain Jurisdiction over the parties' case.

You also need to determine the pathway the divorce will follow, whether contested or uncontested.

• Uncontested Divorce: When a couple agrees on all the important elements of their divorce, such as how to divide marital assets, settle debts, and determine child and spousal support payments, they can get divorced without court mediation. This type of divorce is called “uncontested” because there are no disputed issues to resolve. As a result, uncontested divorces take less time than other divorce cases and therefore cost significantly less.

  Once each party has submitted the required paperwork and documents related to the agreed-upon terms of the divorce, a judge reviews them to ensure compliance with Tennessee law. If so, the judge signs the final decree, dissolving the marriage.

• Contested Divorce: This occurs when both parties disagree on important matters that must be resolved to finalize the divorce. These issues may include how to divide assets, how to allocate debts, and who will have custody of the children. When the spouses cannot agree, Tennessee law requires them to address these matters through the court.

  The court will assist the parties in completing the divorce process through discovery, filing motions, and, if necessary, holding a trial. At the end of the litigation, the judge will determine what is fair based on the evidence presented and will then enter a final decree addressing all prior disputes. Contested divorces take much longer, are more complicated, and cost significantly more than an uncontested divorce.

Lastly, determine if the divorce is fault-based or no-fault-based. Tennessee permits individuals seeking divorce to establish a cause for divorce by filing a fault-based petition.

Fault is defined in terms of behavior or circumstance that results in an irreparable separation from the other party. Because Tennessee recognizes both no-fault divorce and fault divorce (irreconcilable differences) as acceptable causes for divorce, the decision to seek a divorce on fault grounds is discretionary.

The most common reasons cited as a basis for a fault-based divorce include:

• Adultery

• Cruel and inhuman treatment

• Desertion

• Felony conviction

• Substance abuse and dependency

Step-by-Step Divorce Process

You can follow this guide to ensure your divorce is correctly filed in Tennessee.

Prepare the Filing Packet

• Identify the Divorce Path (1A vs. 1B): Determine whether your case is uncontested or contested.

• Typical Documents: Assemble a complete filing packet tailored for your divorce using these forms:

  • The Request for Divorce (Complaint): Begins the divorce process.

  • Spouses' Personal Data (Form 2): This form will identify both spouses.

  • Notice Regarding Health Insurance (Form 4): Mandatory form for the state health department.

  • Divorce Agreement (Marital Dissolution Agreement) (Form 5): This document provides details on how you and your ex-spouse are going to split your property and debt.

  • Final Decree of Divorce (Order) (Form 6): The judge will sign this document to finalize the divorce.

  • Other required forms include the Restraining Order for Divorcing Spouses form and Notice of Hearing to Approve Irreconcilable Difference Divorce form. If children are involved, the Order of Wage Assignment for Child Support form. You can find the complete Tennessee Divorce filing packet on the state's court website.

  • Other commonly required documents include a marriage certificate, an asset and debt inventory, proof of income, child-related documents, such as school records and healthcare costs, and any prior court orders.

• Filing Fees and Fee Waivers (Indigency): The cost of filing your divorce case can vary by county and if there are minor children involved, but generally will run from around $150 to $400. Most of the time, these costs are associated with initiating the case in court, covering administrative functions, and, in many cases, service of process.

If you cannot afford these fees, you have the option to file for indigent status (also referred to as In Forma Pauperis). To qualify for this status, you must submit a Request to Postpone Filing Fees and Order form. The form is available on the divorce filing packet. If approved by the court, it waives or defers all or some of the upfront costs associated with filing for divorce.

File the Case

With your divorce paperwork now completed, the next step in the Tennessee divorce process involves filing your case in the Tennessee court system. Filing your case actually gives the state court the authority to hear your case, as well as assigning your case to an individual judge.

• Where to File: Tennessee divorce proceedings are filed in either the Chancery Court or the Circuit Court of the county where either spouse resides. Both of these courts have trial-level jurisdiction over family law matters. Generally, the county where your divorce proceeding will be heard is based on residency or where the couple last lived together within that same county.

• Filing Methods: You can file your Tennessee divorce documents in one of three ways:

  • In Person: Submitting your documents directly to the clerk's office allows you to hand-deliver your documents and fees to the Clerk and address any errors found by the clerk before proceeding.

  • By Mail: While mailing your completed filing packet to the court clerk is acceptable, ensure that all required forms, copies, fees, and a self-addressed stamped envelope are included. Failure to do so will often result in significant delays.

  • Electronic Filing (eFiling): Many Tennessee counties provide an electronic filing system currently used by attorneys. However, with increased use by pro se litigants (those representing themselves), many jurisdictions are now providing access to their electronic filing systems. Electronic filing can speed up the filing process; however, both parties must adhere to strict formatting and document-preparation requirements.

• What You Receive: After your divorce case has been filed, you will receive:

  • Case Number: This will be used for every item submitted throughout your divorce case.

  • Summons: Formally delivered to the opposing party to notify them of the divorce case.

  • Initial Court Notifications: Including scheduling notices, procedural notifications, or notification of deadlines to subsequent events in your divorce case.

Service of Process (Primarily for Contested Cases)

After a divorce action is filed with the courts, the other spouse must be formally advised through service of process. The purpose of formalizing service of process is to provide the courts with jurisdiction to continue the proceedings. Additionally, providing formal service provides the responding spouse an opportunity to fairly participate in the proceedings.

You can serve your spouse in the following ways:

• The Sheriff's Department

• A private process server

• Certified mail service

Once formal service is complete, the court requires documentation to support its decision to proceed with the case. If no documentation exists, the court considers the matter incomplete regardless of whether the spouse is otherwise aware of the case.

Tennessee statute permits alternatives to formal service, such as service by newspaper publication or other forms of alternative service approved by the court, when a spouse cannot be located. Prior to utilizing these alternatives, the petitioning spouse must demonstrate to the court that they have made good faith efforts to locate the other spouse.

Early Case Phase and Temporary Orders

The divorce case enters the early case phase just after the service of process. At this phase, before the final decree is issued, the court issues temporary orders to provide stability in the daily lives of all parties until the major disputes are resolved. These orders are not permanent, and neither do judges attempt to create new structures. Instead, they tend to preserve those structures currently working effectively, “maintaining the status quo” at least until the divorce case is finalized.

Some of the temporary orders issued at this phase include:

• Temporary Custody & Visitation: When children are involved in a divorce proceeding, the court may enter temporary custody or visitation orders to protect the children's best interests and minimize disruption to their normal routines.

• Temporary Child or Spousal Support: The court also may order one spouse to provide temporary spousal support to help mitigate any imbalance that might occur as a result of one spouse having sole control over income for the duration of the proceedings.

• Exclusive use of the Marital Residence: In cases where it is determined that spouses cannot live together without creating significant problems or conflict, one spouse may be granted exclusive use and possession of the marital residence.

• Protective or Restraining Orders: If a spouse feels threatened or harassed by the other spouse, they can file for a protective or restraining order, which limits contact between the parties.

Financial Disclosures and Discovery

Financial disclosure and discovery are about obtaining financial information from the other spouse so the court can fairly determine how to divide marital property and support obligations. The courts expect both parties to be honest in their disclosures.

• Mandatory Disclosure: Both spouses must file a sworn financial statement (affidavit) listing their income, monthly expenses, assets, and debts. These statements must be completed “under penalty of perjury.”

• Discovery Tools: When either spouse disputes the information contained within the affidavit or fails to provide sufficient detail, the court makes available discovery tools for you to obtain the information you need from the other party. Some of these tools include:

  • Request Documents: The request for physical files, including tax returns, pay stubs, bank statements, and retirement account statements, from the opposing side.

  • Written Interrogatories: Send written interrogatories to the opposing spouse requesting they provide sworn responses regarding their finances and any additional information relevant to your divorce that will help to achieve an equitable decision.

  • Subpoenas: Use subpoenas to compel third parties, such as a spouse's employer, pension administrator, or banks, to produce financial records.

  • Dispositions: Take sworn, in-person testimony outside of court to obtain additional financial or critical information.

Settlement or Trial

A case management conference (CMC) is a preliminary hearing between the parties, their attorneys, and the court to identify how far along in the litigation process each side is. The CMC provides an opportunity for the court to assess the progress made in the case. At this time, the court will have identified the remaining main disputes and will establish a timeline for when various motions, discovery, and further hearings must occur.

Pretrial conferences are usually held before trial and focus on resolving outstanding issues, confirming the evidence and witness testimony each party intends to present, and, hopefully, settling the matter. The purpose of a pretrial conference is to help ensure the trial is as streamlined as possible and addresses only the outstanding disputes in the case.

By the time either party appears for these conferences, the judges typically expect both parties to be

• Fully prepared to meet their obligations

• Cooperative and open regarding their positions

• Compliant with all established deadlines

• Complete discovery

• Make good faith efforts to settle the matter or issue in question

Judgment, Waiting Periods, and Finalization

A divorcing couple in Tennessee must wait a specified number of days before their divorce can be finalized, per Tennessee Code Annotated, Section 36-4-101.

• The 60-Day Wait: If there are no minor children involved in the couple's marriage, then they must wait 60 days.

• The 90-Day Wait: If the couple has minor children from the marriage, the waiting period increases to 90 days.

The 60- to 90-day “waiting” period commences when one spouse files the divorce complaint. Even if all issues are agreed upon by the spouses, and there are no remaining disputes, the judge still cannot enter a final decree of divorce until after the 60- or 90-day waiting period has expired.

• The 30-Day Remarriage Ban: Once the divorce is entered into, the State of Tennessee mandates that neither spouse may remarry for at least 30 days following entry of the final divorce order.

Child Custody and Child Support in Tennessee Divorces

Tennessee law, specifically § 36-6-106, directs that all custody determinations will be made based on “the best interest” of the children. In other words, courts do not make custody determinations based on what either parent wants, but instead determine what is in the best interest of the child's overall well-being. The court's determination of a child's “best interest” may include consideration of:

• The quality of the child's relationship with both parents

• The stability of the homes of both parties

• How long one parent has been involved with childcare

• Which parent can provide better care for the child

Legal Custody vs. Physical Custody

Tennessee differentiates between legal custody (authority) and physical custody (location).

• Legal Custody: Legal custody refers to a parent's rights regarding decisions about their child's life. Legal custody involves making the major decisions for a child, such as education, medical care, and religion. The courts in Tennessee generally support co-decision-making by both parties unless there are reasons that it would be detrimental to the child.

• Physical Custody: Physical custody establishes which parent a child resides with and the frequency with which each parent spends time with their child. Tennessee does not use traditional labels such as “sole” or “joint” when determining custody. Instead, Tennessee uses a Parenting Plan. The parenting plan designates a primary residential parent and outlines a detailed parenting time schedule.

Child Support Guidelines and Enforcement

Child support payments in Tennessee are governed by the Tennessee Child Support Guidelines. Those guidelines consider:

• The income level of both parents

• The number of children

• The health insurance costs for the children

• How much time each child will spend at home with each parent

Once the child support order has been entered into law, child support payments may be enforced through various means. If a party fails to make their child support payment, it may result in the following possible means of enforcement against them:

• Wage garnishment

• Suspension of driver's licenses or other professional licenses

• Contempt of court proceedings

• Federal and state tax refund intercept

Property, Debt, and Alimony in Tennessee Divorces

Per Tennessee Code Annotated § 36-4-121, the courts will classify all marital property into two categories: Marital Property and Separate Property:

• Marital property refers to all items (both assets and income) that were acquired by one or both spouses while they are married together. This includes all property whether titled jointly or separately.

• Separate property refers to all property that was owned by either spouse prior to their marriage together. Separate property also includes all items, such as gifts and inheritances, that an individual spouse acquired after marriage.

Where an asset or income, classified as “separate,” is commingled, that is, combined with marital assets, or utilized for the benefit of the marriage, it may be considered marital.

Just as with other types of assets, liability is typically distributed by a judge in accordance with the principles of equitable distribution. This means that a judge will allocate liability for each type of expense in a manner that they believe is fair and reasonable, rather than simply dividing each item fifty-fifty. The judge will make decisions about how to divide financial obligations (liabilities) among spouses using the following considerations:

• Who incurred the debt?

• Who was most likely to benefit from the debt?

• Each spouse's ability to pay for their respective portion of liabilities

• The total amount of marital assets

There are four types of alimony recognized in Tennessee, which provide for various degrees of spousal support depending upon the ability of each party to become self-supporting during their lifetime:

• Alimony in Futuro: Support that is ordered to be paid for an unlimited period of time, usually when it will take one of the parties a number of years to become financially independent.

• Rehabilitative Alimony: This type of alimony is generally temporary and is intended to assist one of the parties to become employed, complete some level of education or training, etc., so that they can become economically independent.

• Transitionary Alimony: Also known as “bridge” alimony, this type of alimony is temporary and allows one party to transition from marriage to single status, but does not establish an ongoing obligation by either party.

• Alimony in Solido: This is a lump-sum payment, sometimes divided into installments over a set period, that may be ordered as part of a division of marital assets.

Errors, Omissions, and Corrections in Tennessee Divorce Records

Tennessee divorce records may contain inaccuracies because of clerical errors, miscommunications, or simply older filing methods. The most common errors on a divorce record include misspelled names, incorrect contact information, incorrect dates, omitted information, and vague or ambiguous language on the divorce decree. All errors must be corrected to ensure the document's accuracy, as inaccurate information on divorce records may render the document invalid.

To make a correction to an incorrect divorce certificate, you must contact the clerk of the court for the county in which your divorce has been finalized. Most counties will allow you to fill out an amendment or correction form that outlines the mistakes. You should include supporting documentation that specifies the correct information. The Clerk's office will review your request and may be able to correct administrative (clerical) mistakes without judicial intervention.

Amending a divorce decree in Tennessee requires you to file a motion to modify the original divorce decree with the court that originally heard the divorce case. If the modification affects the terms of the judgment, the court may hold a hearing on this matter. Once approved, the amended order or corrected decree will be issued.

You can request an amended certificate or decree from the County Health Department or the Clerk of the Chancery or Circuit Court, respectively.

How to Access Tennessee Divorce Records

You can obtain copies of a Tennessee divorce record through these options

Online

• Divorce Certificates: You may order a divorce certificate online through VitalChek. VitalChek processes all online requests for the Tennessee Department of Health. This option will give you the fastest access to your divorce documents, but it will require payment and identity verification.

• Divorce Decrees: Full divorce decrees are rarely available online for free. Some court systems may provide limited access, but rarely offer the complete divorce decree online.

In Person

• Divorce Certificates: For immediate access to your divorce documents, please walk into the County Health Department where you live and complete the Application for a certified copy of the Tennessee Divorce Certificate form. You can also visit the Vital Records office in Nashville to order the record in person.

  Tennessee Office of Vital Records
  Andrew Johnson Tower, 1st Floor
  710 James Robertson Parkway, Nashville, TN 37243

• Divorce Decrees: If you want to receive a full divorce decree, you must go to the Circuit Court clerk's office in the same county where your divorce was finalized.

By Mail

• Divorce Certificates: Please mail a completed application form, valid identification, and the required fee to the County Health Department.

• Divorce Decree: If you wish to obtain a full divorce decree by mail, you must submit your request to the clerk of the Circuit Court where your divorce was finalized. Please include your application form, the required fees, and a self-addressed, stamped envelope.

Tennessee Courthouses That Handle Divorces

It is necessary to know which of the Tennessee divorce courts will be handling your case, whether you are filing a complaint for divorce or simply seeking to obtain copies of documents. All courts that deal with divorce in Tennessee are county-based.

County Authority for Tennessee Divorce Cases

Tennessee's Circuit Courts and Chancery Courts have original jurisdiction (first to hear a case) over divorce cases. In some counties, the General Sessions Courts may have authority to hear limited family law matters. However, most final divorce judgments are signed by Circuit Court or Chancery Court judges.

County-Based Filing

Divorce cases are filed with the county courts where one or both spouses live or where they most recently resided together. The final divorce decree will be located within that specific county court.

Although divorce cases are filed in county courts, divorce certificates are usually obtainable from the Tennessee State Department of Health, Vital Records Office. Below is information on how to locate the Final Decree in selected Tennessee counties. You can find divorce decrees for some popular Tennessee counties as follows:

• Davidson County: Davidson County Circuit Court

• Shelby County: Shelby County Circuit Court

• Knox County: Knox County Circuit Court

• Hamilton County: Hamilton County Chancery Court

• Rutherford County: Rutherford County Chancery Court

Jurisdiction Basics

Each county court handles only those divorce filings made within its jurisdiction. Tennessee has established judicial districts, and each county is located within a Circuit or Chancery Division, which handles all divorce matters.

Therefore, you may obtain a Divorce Decree only from the Circuit or Chancery Court where your divorce matter was originally filed. Other courts, such as Municipal Courts and Probate Courts, do not have the authority to hear divorce cases or issue a divorce certificate or decree in this state.

Examples of Tennessee Circuit Courts

Tennessee has both Circuit and Chancery courts in its 95 counties, and both hold concurrent jurisdiction to hear divorce cases. These trial courts of general jurisdiction overlap, meaning you can file for divorce in either the Circuit Court or the Chancery Court in the appropriate county. Here are examples of courts in the state.

• Shelby County Circuit Court (30th Judicial District of Tennessee)

• Davidson County Circuit Court (20th Judicial District of Tennessee)

• Knox County Circuit Court (6th Judicial District of Tennessee)

• Hamilton County Chancery Court (11th Judicial District of Tennessee)

• Rutherford County Chancery Court (16th Judicial District of Tennessee)

Role of the Clerk of the Chancery Court and Circuit Court Clerks

The Clerk of the Chancery Court performs the following duties:

• Keeps an official file for all divorce petitions, motions, and the final divorce decree

• Manages new divorce cases by reviewing paperwork

• Makes certified copies of divorce decrees available to record seekers

• Provide information about costs, forms, and procedural requirements for making a document request

• Updates the court files when the judge approves changes to a previously filed divorce action

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