Tennessee Uncontested Divorce Petition + Decree Filing Packet

TENNESSEE UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. PRE-FILING ELIGIBILITY & RESIDENCY CHECKLIST

☐ At least one spouse has resided in Tennessee for six (6) months immediately before filing (T.C.A. § 36-4-104), OR the acts complained of were committed while a spouse was a Tennessee resident.
☐ Both spouses agree the marriage should end on the ground of irreconcilable differences (T.C.A. § 36-4-101(a)(14)).
☐ Both spouses have signed (or will sign) a written Marital Dissolution Agreement resolving all property, debt, and support issues.
☐ If minor children: both spouses have signed (or will sign) an Agreed Permanent Parenting Plan (T.C.A. § 36-6-404) and the proposed plan complies with the Tennessee Child Support Guidelines.
☐ Mandatory waiting period acknowledged: 60 days from filing if no minor children; 90 days if minor children (T.C.A. § 36-4-103(b)).
☐ Parent-education seminar will be completed before the final hearing (where required by local rule and for parties with minor children).
☐ Venue is proper: County of residence of defendant; if defendant is non-resident, county where plaintiff resided when grounds arose, or any county in which they resided at separation (T.C.A. § 36-4-105).
☐ Filing fee available or Uniform Civil Affidavit of Indigency prepared.

2. COMPLAINT FOR DIVORCE (IRRECONCILABLE DIFFERENCES)

IN THE [☐ CIRCUIT ☐ CHANCERY] COURT FOR [____________________] COUNTY, TENNESSEE

Docket No.: [____________________]
Division: [____________________]

COMPLAINT FOR ABSOLUTE DIVORCE

Plaintiff, by and through undersigned counsel (or pro se), states the following for cause of action:

1. Parties and Residency. Plaintiff is a bona fide resident and citizen of [____________________] County, Tennessee, and has resided in the State of Tennessee for more than six (6) months immediately preceding the filing of this Complaint, in compliance with T.C.A. § 36-4-104. Defendant resides at [____________________________________________].

2. Marriage. The parties were lawfully married on [__/__/____] in [City], [County], [State]. The parties separated on or about [__/__/____].

3. Minor Children. ☐ There are no minor children born of or adopted during the marriage. ☐ There [is/are] [____] minor child(ren) of the marriage, namely:

4. Wife's Pregnancy. Wife ☐ is ☐ is not pregnant at the time of filing.

5. Grounds. Irreconcilable differences have arisen between the parties pursuant to T.C.A. § 36-4-101(a)(14). The parties cannot reconcile and the marriage is at an end.

6. Marital Dissolution Agreement. The parties have executed (or will execute) a written Marital Dissolution Agreement that resolves all issues of property division, debts, and spousal support, and (if applicable) an Agreed Permanent Parenting Plan addressing custody, parenting time, and child support, which will be submitted to the Court for approval and incorporation into the Final Decree.

7. Statutory Restraints (T.C.A. § 36-4-106(d)). Plaintiff acknowledges and consents that, upon filing, both parties are bound by the mandatory injunctions of T.C.A. § 36-4-106(d) regarding dissipation of marital assets, insurance coverage, and harassment.

WHEREFORE, Plaintiff prays:

A. That proper process issue and Defendant be required to answer (or that Defendant's signed Waiver/Acceptance of Service be accepted in lieu thereof);
B. That after the statutory waiting period, the Court grant Plaintiff an absolute divorce from Defendant on the ground of irreconcilable differences;
C. That the Court approve and incorporate the Marital Dissolution Agreement (and Permanent Parenting Plan, if applicable) into the Final Decree;
D. That Plaintiff ☐ be restored to maiden/former name of [____________________] ☐ retain current name;
E. For such other and further relief as the Court deems just.

Respectfully submitted,

[____________________________________________]
[Plaintiff Signature / Attorney Signature]
[Name, BPR # if attorney]
[Address, Phone, Email]

VERIFICATION

I, [____________________], being first duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge.

[____________________________________________]
Plaintiff Signature

Sworn to and subscribed before me this [____] day of [____________], 20[____].

[____________________________________________]
Notary Public — My commission expires: [__/__/____]

3. MARITAL DISSOLUTION AGREEMENT (MDA)

This Marital Dissolution Agreement ("Agreement") is entered into on [__/__/____] by and between [WIFE FULL NAME] ("Wife") and [HUSBAND FULL NAME] ("Husband") (collectively, the "Parties").

Recitals. The Parties were married on [__/__/____], separated on [__/__/____], and have determined that irreconcilable differences exist. To avoid the expense and uncertainty of contested litigation, the Parties agree as follows:

Article I — Grounds and Filing

The Parties stipulate that irreconcilable differences exist under T.C.A. § 36-4-101(a)(14) and that this MDA shall be submitted to the Court for incorporation into a Final Decree of Divorce.

Article II — Real Property

☐ No real property to divide.
☐ Real property at [____________________________________________] shall be:
☐ Awarded to Wife, who shall refinance and remove Husband from mortgage within [____] days.
☐ Awarded to Husband, who shall refinance and remove Wife from mortgage within [____] days.
☐ Sold; net proceeds divided [____]% to Wife / [____]% to Husband.

Article III — Personal Property and Vehicles

Each Party shall retain personal effects, clothing, and items in their respective possession unless otherwise listed in Exhibit A (Inventory).

Article IV — Financial Accounts and Retirement

Retirement accounts requiring division will be divided via Qualified Domestic Relations Order (QDRO) prepared at the cost of [☐ Wife ☐ Husband ☐ split equally].

Article V — Debts

Each Party shall be solely responsible for, and shall indemnify and hold the other harmless from, the following debts:

Article VI — Alimony / Spousal Support

☐ Both Parties waive any and all claims to alimony, past, present, and future.
☐ [☐ Husband ☐ Wife] shall pay alimony to the other in the amount of $[__________] per month for [____] months as [☐ alimony in solido ☐ rehabilitative ☐ transitional] alimony per T.C.A. § 36-5-121.

Article VII — Tax Matters

The Parties shall file [☐ joint ☐ separate] tax returns for tax year [____]. Any refund or liability shall be [____________].

Article VIII — Health Insurance and Life Insurance

[Specify coverage of children if applicable; spouse's COBRA eligibility, etc.]

Article IX — Mutual Releases and Full Disclosure

Each Party acknowledges full and complete financial disclosure, voluntary execution, opportunity to consult independent counsel, and that this Agreement is fair, just, and equitable.

Article X — Incorporation

This Agreement shall be incorporated, but not merged, into the Final Decree of Divorce.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Wife: [WIFE FULL NAME]

[____________________________________________] Date: [__/__/____]
Husband: [HUSBAND FULL NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

[____________________________________________]
Notary Public

4. AGREED PERMANENT PARENTING PLAN (T.C.A. § 36-6-404)

Children Covered:

A. Residential Schedule

Primary Residential Parent (PRP): ☐ Mother ☐ Father
Alternate Residential Parent (ARP): ☐ Mother ☐ Father
Day-to-Day Schedule: [Describe school-year schedule, weekends, weekdays.]
Holiday Schedule: [Thanksgiving, Christmas, spring break, summer, birthdays, Mother's/Father's Day, etc.]
Total Days/Year: PRP: [____] ARP: [____]

B. Decision-Making

C. Child Support

Calculated using the Tennessee Child Support Guidelines (Income Shares model). See attached Child Support Worksheet.

Monthly support obligation: $[__________] payable by [☐ Mother ☐ Father] to [☐ Mother ☐ Father] through ☐ direct payment ☐ income assignment ☐ TN Child Support Receipting Unit.

D. Health Insurance and Uncovered Medical

• Health insurance provided by: [____________________]; monthly cost $[__________].
• Uncovered medical expenses: [____]% Mother / [____]% Father.

E. Tax Dependency

Child(ren) claimed by: [____________________].

F. Required Statutory Provisions

☐ Both parents acknowledge the rights listed in T.C.A. § 36-6-101(a)(3).
☐ Relocation notice provisions under T.C.A. § 36-6-108 acknowledged.
☐ Each parent received a copy of the Parent Education Seminar Certificate.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Mother

[____________________________________________] Date: [__/__/____]
Father

5. CHILD SUPPORT WORKSHEET (INCOME SHARES)

Deviation from guideline: ☐ No ☐ Yes — Reason: [____________________]

6. NOTICE / ACCEPTANCE OF SERVICE / WAIVER

Acceptance of Service and Waiver of Process

I, [DEFENDANT FULL NAME], hereby:

☐ Acknowledge receipt of a copy of the Complaint for Divorce and Marital Dissolution Agreement filed by Plaintiff [____________________].
☐ Waive formal service of process under Tenn. R. Civ. P. 4.
☐ Waive the filing of an Answer.
☐ Consent to the Court entering a Final Decree of Divorce based upon the executed Marital Dissolution Agreement and Permanent Parenting Plan (if applicable).
☐ Acknowledge the statutory restraints of T.C.A. § 36-4-106(d) apply equally to me.
☐ Waive notice of the date and time of any final hearing, if no hearing is required.

[____________________________________________] Date: [__/__/____]
Defendant Signature

Sworn to and subscribed before me this [____] day of [____________], 20[____].

[____________________________________________]
Notary Public

7. AFFIDAVIT / CERTIFICATE OF PARENT EDUCATION

☐ Mother completed the court-approved Parent Education Seminar on [__/__/____] (Certificate attached).
☐ Father completed the court-approved Parent Education Seminar on [__/__/____] (Certificate attached).

8. STATISTICAL REPORT OF DIVORCE

The Tennessee Department of Health Division of Vital Records form (Certificate of Divorce or Annulment) must be completed and filed with the Final Decree. Required fields include:

• Full names, addresses, DOBs of both parties
• Date and place of marriage; date of separation
• Number of children under 18
• Ground (Irreconcilable Differences)
• County of decree

9. FINAL DECREE OF DIVORCE

IN THE [☐ CIRCUIT ☐ CHANCERY] COURT FOR [____________________] COUNTY, TENNESSEE

Docket No.: [____________________]

FINAL DECREE OF ABSOLUTE DIVORCE

This cause came on to be heard on the [____] day of [____________], 20[____], upon the verified Complaint for Divorce, the Marital Dissolution Agreement, [the Agreed Permanent Parenting Plan,] the Defendant's Acceptance of Service and Waiver, and the entire record in this cause.

The Court, having reviewed the file and finding that:

1. The Court has personal and subject-matter jurisdiction over the parties and this cause;
2. At least one party has been a bona fide resident of Tennessee for six (6) months prior to filing (T.C.A. § 36-4-104);
3. The statutory waiting period of [60 / 90] days has elapsed from the date of filing pursuant to T.C.A. § 36-4-103(b);
4. Irreconcilable differences exist between the parties under T.C.A. § 36-4-101(a)(14);
5. The Marital Dissolution Agreement is fair, just, and equitable;
6. [The Permanent Parenting Plan is in the best interests of the minor child(ren) and complies with the Tennessee Child Support Guidelines;]
7. [Both parents have completed the required parent education seminar;]

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The parties are awarded an ABSOLUTE DIVORCE on the ground of irreconcilable differences, and the bonds of matrimony heretofore existing are dissolved.
B. The Marital Dissolution Agreement executed by the parties is incorporated, but not merged, into this Final Decree and shall have the full force and effect of an order of this Court.
C. [The Permanent Parenting Plan is approved, adopted, and made an order of this Court.]
D. [Plaintiff is restored to the former name of: [____________________].]
E. Costs of this cause are taxed to [____________________].

This [____] day of [____________], 20[____].

[____________________________________________]
JUDGE / CHANCELLOR

Approved for entry:

[____________________________________________]
Plaintiff / Counsel

[____________________________________________]
Defendant / Counsel

10. FILING & HEARING PROCEDURE

Step 1: File Initial Documents

File with the Clerk of [Circuit / Chancery] Court for the proper county:

• Complaint for Divorce
• Marital Dissolution Agreement (signed and notarized)
• Permanent Parenting Plan + Child Support Worksheet (if children)
• Acceptance of Service and Waiver (if signed by Defendant)
• Statistical Report (Vital Records form)
• Filing fee or Affidavit of Indigency

Step 2: Mandatory Waiting Period

• 60 days from filing if no minor children (T.C.A. § 36-4-103(b))
• 90 days from filing if minor children
• Waiting period is jurisdictional — court cannot enter decree earlier.

Step 3: Parent Education (if children)

Both parents complete a court-approved 4-hour Parent Education Seminar. File Certificate of Completion.

Step 4: Final Hearing or Submission on Affidavit

Depending on county/judge:

• Some counties (Shelby, Davidson) accept submission on affidavit without hearing.
• Other counties require a brief uncontested hearing (5–10 minutes) where Plaintiff appears and testifies to residency, marriage, and reasonableness of MDA.

Step 5: Entry of Final Decree

Submit proposed Final Decree to the Court. Once signed and entered by the clerk, the divorce is final.

Step 6: Post-Decree Tasks

• Obtain certified copies of Final Decree.
• Execute deeds, vehicle title transfers, QDROs.
• Update beneficiary designations, wills, insurance.
• 30-day appeal window must lapse before remarriage.

SOURCES AND REFERENCES

• T.C.A. § 36-4-101 (Grounds): https://law.justia.com/codes/tennessee/title-36/chapter-4/section-36-4-101/
• T.C.A. § 36-4-103 (Irreconcilable Differences procedure)
• T.C.A. § 36-4-104 (Residency)
• T.C.A. § 36-6-404 (Permanent Parenting Plan)
• Tennessee Administrative Office of the Courts — Family Law Forms: https://www.tncourts.gov/help-center
• Tennessee Child Support Guidelines: Tenn. Comp. R. & Regs. 1240-02-04