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Divorce Waiting Period in Tennessee

In Tennessee, a divorce complaint must be on file 60 days before it is heard, or 90 days if there is an unmarried child under 18, and irreconcilable differences needs no separation period.

Last checked . General information, not legal advice.

Tennessee at a glance

Waiting period
60 days after filing (90 with minor children)
Counted from filing; 90 days if the parties have an unmarried child under 18.
Separation required
No
Irreconcilable differences is a ground; 2 years in separate residences with no minor children is a separate ground.

Sources

Last checked

The rules in Tennessee

How long is the waiting period before a divorce can be finalized in Tennessee?

Waiting period in Tennessee: 60 days after filing (90 with minor children). Counted from filing; 90 days if the parties have an unmarried child under 18.

Do spouses have to live apart before a no-fault divorce in Tennessee?

Separation required in Tennessee: No. Irreconcilable differences is a ground; 2 years in separate residences with no minor children is a separate ground.

Where do the Tennessee divorce waiting periods come from?

The rules above come from Tenn. Code 36-4-101 and Tenn. Code 36-4-103. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.