Divorce in Tennessee

Nashville Divorce & Family Law Attorneys

Divorce is one of the most emotionally difficult experiences a person can face. Realizing that your marriage is ending—after trying everything you can to make it work—can feel overwhelming. During this time, you need compassionate, clear guidance, and a legal team that can walk you step-by-step through the process.

At Freeman & Fuson, we help clients understand their options, protect their rights, and move forward with confidence. Whether your divorce is amicable or highly contested, we provide the experience, strategy, and support needed to resolve your case efficiently and with dignity.

Practice Areas 

Uncontested Divorce in Tennessee

For many couples, the simplest and least expensive path forward is an uncontested divorce—Tennessee’s version of a no-fault divorce based on Irreconcilable Differences.

In these cases, both spouses agree on the major issues, including:

• Division of property and debts
• Alimony (if any)
• Child custody and parenting time
• Child support
• Any other terms needed for settlement

Uncontested divorces typically resolve more quickly and cost significantly less because parties can avoid lengthy litigation.

Freeman & Fuson offers flat-fee uncontested divorce services and handles all necessary documents, including:

• The Marital Dissolution Agreement (MDA)
• The Permanent Parenting Plan (PPP), when children are involved
• All required filings and court documents

We meet with clients to ensure they fully understand each issue and can also meet with both spouses (when ethically appropriate) to help finalize an amicable settlement.

Grounds for Divorce in Tennessee

If the parties cannot agree, then one spouse must file on “grounds” for divorce under T.C.A. § 36-4-101. Tennessee law includes both fault-based and no-fault grounds, including:

Fault-Based Grounds (Partial List):

• Adultery
• Willful or malicious desertion for one year
• Conviction of a felony
• Attempted murder of a spouse
• Refusal to move to Tennessee without cause
• Pregnancy of the wife by another person at the time of marriage
• Habitual drunkenness or drug abuse after marriage
• Cruel and inhuman treatment / inappropriate marital conduct
• Indignities making cohabitation intolerable
• Abandonment or failure to provide support

No-Fault Grounds:

• Irreconcilable differences
• Two years of separation with no minor children

Inappropriate Marital Conduct—often used as a ground—is a broad category that may involve emotional or physical abuse, anger issues, drug use, controlling behavior, financial manipulation, or other misconduct that makes cohabitation unsafe or improper.

Mandatory Waiting Periods

Tennessee imposes a short waiting period before a divorce can be finalized:

• 60 days if there are no minor children
• 90 days if the parties share a minor child

The clock starts when the complaint for divorce is filed.

Child Custody & Parenting Plans

When children are involved, Tennessee requires parents to create a Permanent Parenting Plan, which addresses:

• Decision-making authority
• Parenting schedules
• Holiday and summer schedules
• Transportation and exchanges
• Child support
• Communication guidelines
• Dispute-resolution procedures

Courts base custody decisions on the best interests of the child, considering factors such as stability, parental involvement, parenting history, health and safety, and the child’s needs and preferences.

Freeman & Fuson works closely with parents to craft workable, stable parenting plans or litigate custody disputes when necessary.

Alimony (Spousal Support)

Tennessee recognizes several types of alimony, including:

• Rehabilitative alimony
• Transitional alimony
• Periodic alimony (alimony in futuro)
• Lump-sum alimony (alimony in solido)

Courts evaluate factors such as earning capacity, education, length of marriage, health, and financial need. We help clients pursue fair alimony arrangements—whether seeking support or defending against excessive claims.

Property Division

Tennessee uses equitable distribution, meaning marital property is divided fairly, but not always equally.

Key issues include:

We work to protect your financial future through negotiation or litigation.