TENNESSEE Part 13

Tennessee permits a simplified divorce based on irreconcilable differences. The spouses sign a notarized Marital Settlement Agreement. The agreement must 1) refer to the action by the name of the court and the docket number or 2) state that the Respondent is aware that the divorce will be filed in Tennessee, and 3) state that the Respondent waives service of process and waives filing an answer. This Waiver of Service is valid for 180 days after it is signed, and it constitutes a general appearance by the Respondent. If there are no minor children in the marriage, a hearing may be held 60 days after the petition for divorce has been filed. If there are minor children, 90 days must elapse. In this routine, the spouses must make "adequate and sufficient provision for the care and custody of any minor children and for the adequate settlement of their property." They may also provide for alimony. A Final Decree may be entered without any corroborating proof from either party. However, if the Respondent contests or denies there are irreconcilable differences, a divorce may not be granted on these grounds unless there is a valid Marital Settlement Agreement. In some counties, the Respondent must sign the Appearance and Waiver in the presence of the court clerk.