Tennessee Marital Settlement (Divorce) Agreement Form [PDF]

A Tennessee marital settlement agreement is a legal document created by spouses who no longer wish to be together and want to arrange their legal affairs regarding their marriage.

This marital or divorce settlement agreement includes matters like division of marital property, alimony and, if the spouses have children, child custody arrangements, visitation schedules, and child support obligations.

This agreement's purpose is to help spouses reach a fair and mutually agreeable solution when it comes to their rights and responsibilities regarding marital issues. Otherwise, a court decides these matters through a formal legal process, which can be time-consuming and expensive.

Divorce Forms

Divorce forms are filed with either the Chancery or Circuit Court (depending on the county) in the county where the defendant currently lives or where the spouses lived when they separated.

Filing fees vary by county, typically from $200 to $350, and the earliest a divorce can be finalized is 60 days after filing the request for divorce.

Divorce Laws and Legal Requirements in Tennessee

The divorce laws and legal requirements in Tennessee assist spouses in understanding and navigating the terms and procedures throughout the divorce process. Let's see what these entail:

Divorce Laws and Legal Requirements

Alimony

According to Section 36-5-121 of the Tennessee Code, there are several types of alimony, including:

Rehabilitative alimony—intended to help a spouse achieve a post-divorce standard of living comparable to that enjoyed during the marriage.
Transitional alimony—assisting a spouse in adjusting to the financial consequences of divorce.
Alimony in futuro and in solido—providing long-term support. Alimony in futuro allows for modifications over time, while alimony in solido presents a fixed amount that remains unchanged.

The court determines the type and amount of alimony based on specific circumstances, among which are the following:

Each party's earning capacity, financial obligations, needs, and resources
Duration of marriage
Age, mental health, and physical condition of each party
Each party's educational background, training, and opportunities to enhance their earning potential

Child Support

Section 36-5-101 of the Tennessee Code regulates the determination of child support and its amount, which the court decides based on the official Child Support Guidelines. These guidelines consider the obligor's income, the child's needs, and other relevant factors.

In Tennessee, alongside child support guidelines, judges use the Child Support Calculator to determine the appropriate amount of child support. However, either party can present evidence that applying the guidelines would not be fair or appropriate in their specific situations, which the court will consider.

Spouses also need to submit a parenting plan to the court in which they outline their proposals for child custody, visitation schedules, and child support. The court reviews and approves this plan if it is in the child's and parent's best interests.

Division of Property

In the state of Tennessee, assets acquired during marriage are divided equitably. This means the court evaluates all circumstances when deciding which property is marital and which is separate and how the marital property will be divided.

The court considers factors such as each party's income, when the property was acquired, investments, contributions, maintenance, and other factors, striving to divide the assets equally—not equally in the meaning of a 50/50 split, but fairly.

Grounds for Divorce

Section 36-4-101 outlines specific reasons for initiating divorce proceedings, such as adultery, imprisonment, substance addiction, separation for a specified period, and other reasons. Additionally, divorce can be initiated based on irreconcilable differences between spouses.

Interim Support

According to Section 36-5-121(b), parties are allowed to request that the court order one spouse to pay the other spouse temporary financial support that will last during the divorce process. When deciding, the court considers each spouse's financial needs and ability to meet those needs.

For example, interim support enables a spouse to pay the expenses of job training and education or for prosecuting or defending the parties' suit.

Residency

Section 36-4-104 specifies that filing for divorce depends on where the reason for divorce occurred and how long the spouses have been residents of the state before filing. So, we differentiate between:

Acts committed within Tennessee. If the reason for divorce (as listed in Section 36-4-101) occurred within Tennessee, the plaintiff can file for divorce in Tennessee regardless of how long they have been a state resident.
Acts committed outside Tennessee. If the reason for divorce occurred outside of Tennessee, the plaintiff could still file for divorce in the state if either the plaintiff or the defendant had resided in Tennessee for at least six months immediately preceding the complaint filing.

How to File For a Divorce in Tennessee in 5 Steps

Filing for divorce in Tennessee involves the following steps to ensure everything is handled legally and fairly:

#1. Fill out and File the Divorce Form

The first document to start the divorce process is the Complaint for Divorce. The spouse initiating the divorce, known as the plaintiff, completes this form and includes:

Personal details of both spouses
Property details
Information about children (if any)
Grounds for divorce

The divorce complaint is filed with the Circuit court, where the clerk will issue a Summons. Paying a filing fee is also required. If the plaintiff cannot afford to pay it, they can request a fee waiver by filing a Request to Postpone Filing Fees and Order. The court will then review the request and decide if the fee can be waived.

#2. Serve Your Spouse

After filing the complaint and issuing the summons, the plaintiff must serve their spouse with the divorce papers. This can be done through a process server, sheriff, or certified mail, and it is essential to have proof that the defendant has received the documents.

After receiving the complaint, the defendant can respond by providing an Answer and saying whether they disagree with any or all parts of the complaint. The defendant can also file an Answer with a Counterclaim to seek different resolutions from the plaintiff’s request.

In this scenario, the spouses have different views on financial and non-financial marital issues, which makes this an example of a contested divorce process.

#3. Negotiate a Settlement and Complete Additional Forms

The spouses can opt for a more favorable way to end their marriage and address all marital matters through a Divorce Settlement Agreement. This approach allows them to utilize available marital settlement agreement templates and tailor them perfectly to their needs.

This is considered an uncontested divorce because the spouses mutually agree on handling the division of assets, debts, alimony, child custody, and support.

Tennessee law requires additional forms in the event of an uncontested divorce, which vary depending on whether the couple has children. If they have children, they should provide information about them. They can also submit a Parenting Plan outlining custody and visitation arrangements and a Child Support Worksheet calculating the appropriate amount of child support.

The document’s content differs when the spouses don’t have children only in that it does not include fields for entering information about children. In any case, spouses shouldn’t be stressed because the instructions for filling out additional forms are provided in both cases.

#4. Observe the Waiting Period

Tennessee law requires a waiting period before the divorce can be finalized. If the couple does not have minor children, the waiting period is 60 days from the filing date. If they have minor children, the waiting period extends to 90 days. This period allows time for eventual negotiation and any necessary adjustments.

#5. Attend the Hearing

The next step is the hearing, scheduled after the waiting period. The hearing process differs for contested and uncontested divorces.

For an uncontested divorce, the hearing is typically shorter. Its purpose is for the judge to ensure the marital dissolution agreement, parenting plan, and child support worksheet are fair. If everything is in order, the judge will issue a Final Decree of Divorce, officially ending the marriage.

In a contested divorce, the hearing is more complex, as the court reviews all evidence to decide on each relevant issue. Spouses should be aware that contested divorce may involve multiple hearings, and even after a final decision, parties can appeal to a higher court, prolonging the process.

With that in mind, spouses should resolve all matters together whenever possible to avoid a lengthy, stressful, and costly process.