Tennessee Divorce Records

Recent data from the CDC's National Center for Health Statistics indicates that Tennessee has a divorce rate of approximately 3.0 divorces per 1,000 people. While this is higher than the national average of 2.4 per 1,000, it also reflects a continued decrease in divorce rates across the state over the years.

The legal framework for divorces in Tennessee is outlined in Title 36, Chapter 4 of the Tennessee Code. Per this law, couples seeking to end their marriage can file for divorce on either "fault" or "no-fault" grounds. A no-fault divorce means that neither spouse is typically required to prove wrongdoing on the part of the other; the divorce can be granted simply based on the assertion that the couple has "irreconcilable differences". On the other hand, a fault divorce requires the spouse filing for divorce to provide evidence of the other spouse's misconduct. Legally recognized grounds for fault divorces in Tennessee include (but are not limited to) adultery, willful or malicious desertion, cruel treatment, and habitual drunkenness.

The cost of getting a divorce in Tennessee can vary significantly depending on factors such as attorney fees, court filing fees, mediation expenses, and whether the divorce is contested (involving disputes over issues like property division, child custody, and support), or uncontested (where both parties are in agreement on all key issues). Nonetheless, you can expect to pay an average of $9,722 (per spouse) for a divorce in the Volunteer State, slightly lower than the national average of $9,969.

Are Divorce Records Public in Tennessee?

Divorce records in Tennessee are confidential for 50 years under state law. During this time, certified copies of these records may only be obtained by the individuals named on the record, their legal representatives, or those with court authorization. However, basic details/records that serve to verify/authenticate information about the divorce, such as the names of the couple involved and the divorce date, may be provided to interested parties upon request. Note that these "verifications" may not be accepted for certain legal purposes. Once a divorce record is older than 50 years, it becomes completely public, and anyone may obtain a certified copy of the record.

What Is Included in Tennessee Divorce Records?

In Tennessee, the term "divorce records" is used to collectively refer to documents generated about divorce proceedings in the state. These records typically include:

• Divorce Certificates: These are official documents that contain essential details of the divorce, such as the names of the divorced parties and the date and jurisdiction where the divorce was granted. Divorce certificates are issued by the Tennessee Department of Health and may be used as official proof of the divorce for legal purposes.
• Divorce Decree: This is the official court order that finalizes the divorce. Divorce decrees outline the terms of the divorce, including decisions on property division, spousal support, child custody, and child support obligations. These documents are generated and maintained locally by the clerk of the court that handled the divorce case.
• Divorce Case Files: These comprise the complete collection of legal documents filed with the court during the divorce proceedings, including the initial divorce complaint, settlement agreements, temporary and final court orders, financial disclosures, and other motions and pleadings submitted by the parties involved. These records are also maintained by the clerk of the court in the county where the divorce case was heard.

How Do I Find Tennessee Divorce Records?

In Tennessee, divorce records are maintained locally by court clerks and also at the state level by the Tennessee Department of Health (for records less than 50 years old) and the Tennessee State Library and Archives (for records over 50 years old). Certified copies of these records are often required for various legal and personal reasons, including:

• Facilitating name changes and updating identification documents
• Changing marital status with government agencies, insurance providers, and financial institutions
• Applying for certain claims and benefits
• Modifying existing court orders on support, custody, and property division
• Updating wills, trusts, and other estate planning documents
• Serving as official proof of the divorce

Look Up Tennessee Divorce Certificate

You may obtain certified copies of divorce certificates for divorces that are less than 50 years old by submitting an Application for Certified Copy of Tennessee Certificate of Divorce or Annulment to the Tennessee Department of Health's Office of Vital Records at:

Submissions may be made in person or via mail. You will also be required to provide a copy of a valid government-issued ID and pay a non-refundable $15 fee per copy requested (additional documentation may be required).

It is important to note that access to certified copies of divorce certificates less than 50 years old is restricted to the individuals named on the record, their immediate family (spouses, parents/legal guardians, and children), and an authorized representative of any of these parties. However, any member of the public may obtain "divorce verification information" by submitting an Application for Verification of Divorce or Annulment Facts to the Office of Vital Records, along with a $15 fee (per name and year to be searched). Be aware that these verifications are not considered official divorce records.

In addition, any interested member of the public may access certified and uncertified copies of divorce records that are older than 50 years by submitting a Vital Records Request Form to the Tennessee State Library & Archives at:

There is a $5 fee per copy for Tennessee residents and a $10 fee (per copy) for out-of-state requesters. Inquiries may be directed to the State Library & Archives at (615) 741-2764 or via email.

Look Up Tennessee Divorce Decree

Tennessee divorce decrees are maintained at the county level by the clerk of the court that finalized the divorce. To obtain certified copies of these documents, you will generally need to take the following steps:

• Identify the county where the divorce proceedings took place and the court that handled the case
• Submit a formal request for a copy of the divorce decree to the court clerk's office. This may be done in person, by mail, online, or via email, depending on the court. You will usually need to provide information like the full names of the parties involved in the divorce, an approximate date of the divorce, and a case number (if known) to facilitate a record search. It is advisable to contact the clerk of the court beforehand to find out their specific procedures.
• Pay the applicable fees. These vary by county and typically range from $5 - $10 per copy (uncertified copies usually cost less).

Be aware that access to certified copies of divorce records less than 50 years old in Tennessee is restricted to the divorcing couple, their immediate family, and their authorized representatives.

Look Up Tennessee Divorce Court Records

You may access copies of documents contained in a divorce case file by contacting the clerk of the court where the divorce case was handled and finalized. You will typically need to submit an official records request and pay a copy fee. Be aware that access to certain records in the case file might be restricted to authorized parties only (such as the divorcing couple).

Can You Seal Divorce Records in Tennessee?

Divorce records in Tennessee are considered confidential for the first 50 years and are not generally accessible to the public during this period. However, individuals can request to have their records permanently sealed beyond the 50-year restriction. Common reasons for seeking to seal divorce records include protecting sensitive financial information, safeguarding the privacy of minor children, or addressing concerns related to domestic violence. Couples who file for a divorce and subsequently dismiss the case before the divorce is finalized may also petition the court to have all records about the case expunged under Section 36-4-127 of the Tennessee Code.

The process for seeking to seal a divorce record typically involves filing a written motion with the court that granted the divorce. The motion must clearly state the reasons for the request and provide sufficient evidence to justify sealing the record. The court will typically schedule a hearing to review the case (and hear arguments from involved parties if necessary) before making its decision.

How Long Does a Divorce Take in Tennessee?

Per Section 36-4-101(b) of the Tennessee Code, there is a mandatory 60-day waiting period after a divorce case is filed before the case may be heard. However, in situations where the couple has an unmarried child (or children) under the age of 18, the waiting period is extended to 90 days. The subsequent length of the divorce proceeding largely depends on whether it is uncontested (these are usually resolved fairly quickly) or uncontested (these may take several months to over a year).

Does Tennessee Require Separation Before Divorce?

No, couples in Tennessee do not have to be separated before they may file for divorce in the state. However, couples who wish to file for divorce on the grounds of separation must have lived in separate residences for "a continuous period" of at least two years and must not have acted as a married couple (no cohabitation or shared life as husband and wife) during this period. Additionally, they must not have any minor children together.

How Are Assets Split in a Tennessee Divorce?

Tennessee is an equitable distribution state when it comes to the division of assets (and liabilities) in a divorce. This means that, instead of a strict 50/50 split, the couple's marital property is divided in a manner that is deemed "just" to both parties, based on several factors, including:

• The duration of the marriage
• Each spouse's age, physical and mental health, earning capacity, vocational skills, and employability
• Each spouse's contribution (tangible or intangible) towards the education, training, or increased earning power of the other spouse
• Each spouse's contribution towards acquiring, appreciating, depreciating, or dissipating the property
• The tax consequences to each spouse in connection with the division of property

Who Gets Custody of a Child in Divorce in Tennessee?

In Tennessee divorce cases involving children, the overarching principle guiding custody decisions is the "best interest of the child". The state's child custody laws (outlined in Title 36, Chapter 6 of the Tennessee Code) emphasize the importance of both parents' involvement in a child's life. Per these laws, both parties are encouraged to mutually develop a "Permanent Parenting Plan" that outlines the rights and responsibilities of each parent, including:

• A residential schedule for where the child lives and how much time they spend with each parent (commonly referred to as physical custody).
• How major decisions regarding the child's health, education, and welfare will be made (commonly referred to as legal custody).

Note that the final plan must be approved by the court. Tennessee generally encourages shared parental responsibilities where both parents are actively involved in the child's upbringing and major decisions; however, one parent is usually designated as the "primary residential parent". While societal norms may have historically placed mothers in primary caregiver roles, current laws aim for a gender-neutral approach to custody, focusing on the individual capabilities and circumstances of each parent and what is best for the child. As such, there is no legal presumption favoring one parent over the other based on their respective genders. Despite this, recent surveys indicate that divorced fathers in Tennessee are likely to receive approximately 21.8% parenting time - considerably lower than the national average of 35%.