tn-family-court

name: tn-family-court description: > Venue skill for Tennessee divorce and custody/support matters in Circuit or Chancery Courts. Covers where to file, Circuit-vs-Chancery choice, intake mechanics, jurisdiction and venue confirmation, permanent-parenting-plan requirement, UCCJEA allegations (home-state jurisdiction), mediation expectations, mandatory parenting-education seminar, self-represented (pro se) divorce packets, filing fees / fee waivers, service of process, and the 60/90-day irreconcilable-differences waiting period (§ 36-4-103). Defers substantive Title 36 law (grounds, equitable distribution, child support, alimony, parenting-plan best-interest factors, UCCJEA/UIFSA, relocation) to tn-family-law and document format to tn-statewide-format. version: 0.1.1

Tennessee Family Court — Circuit and Chancery

NOT LEGAL ADVICE. Divorce and custody decisions have lasting consequences for property, children, and finances. Strongly consider consulting a licensed Tennessee family-law attorney even on an agreed or "simple" divorce. This skill is a drafting/venue aid; verify the venue's current local rules and the controlling statutes before filing.

Tennessee has no separate statewide "family court" trial court. Divorce and the parenting / support / property matters incident to a marriage are heard in the general-jurisdiction trial courts — Circuit Court and Chancery Court. This skill covers where to file, how to choose between Circuit and Chancery, and the filing mechanics. For the substantive law (grounds, equitable distribution, child support, alimony, parenting plans), see tn-family-law. For document form, see tn-statewide-format.

What this venue handles

Routing rule: if the parents were never married to each other, establishment of parentage and the resulting custody/support order is generally a Juvenile Court matter under Title 37 — use tn-juvenile-court, not this skill. Married-parent and divorce-incident parenting goes to Circuit / Chancery.

Circuit vs. Chancery — choosing the court

Both Circuit Court (historically a court of law) and Chancery Court (historically a court of equity) have jurisdiction over divorce in Tennessee. A divorce can be properly filed in either. Practical considerations in choosing:

• Local practice and judge availability. In many counties either court routinely hears divorces; the choice often turns on docket speed, the assigned judge or chancellor, and local custom. Check the county's local rules and the clerk's guidance.
• Equitable relief. Chancery is the traditional equity court; some practitioners file in Chancery where significant equitable or property issues (e.g., complex asset tracing, constructive trusts) predominate. Equitable distribution under Tenn. Code Ann. § 36-4-121 is, however, available in either court.
• The clerk. In Chancery the clerk is the Clerk and Master; in Circuit the clerk is the Circuit Court Clerk. File with the correct clerk for the court chosen.
• Some counties consolidate domestic cases. Larger counties may have divisions that handle the bulk of domestic matters. Confirm the local assignment system before filing.

Verify the proper venue (county) and any residency requirement for the grounds relied upon under Title 36, Chapter 4 before filing. Filing in the wrong county can draw a motion to transfer.

Filing mechanics

1. Confirm jurisdiction and venue

• Subject-matter jurisdiction: Circuit or Chancery has jurisdiction over divorce.
• Venue / residency: verify the county of proper venue and the residency requirement keyed to where the grounds arose under Title 36, Chapter 4 (see tn-family-law).
• Jurisdiction over children (UCCJEA): if there are minor children, confirm Tennessee is the child's home state under the UCCJEA, § 36-6-201 et seq., and include the UCCJEA allegations.

2. Prepare the complaint and required attachments

• Complaint for Divorce stating the ground(s) under § 36-4-101 (commonly irreconcilable differences pleaded with inappropriate marital conduct in the alternative).
• If proceeding on irreconcilable differences, a signed Marital Dissolution Agreement (MDA) under § 36-4-103.
• If there is a minor child, a Permanent Parenting Plan under § 36-6-401 et seq. and a child-support worksheet run on the current Guidelines (Tenn. Comp. R. & Regs. ch. 1240-02-04).
• Any mandatory financial disclosure form the county's local rules require.
• Statutory injunction: many Tennessee divorces are subject to a mutual temporary injunction that issues on filing — confirm the current statutory injunction and whether it must be attached/served.

Use tn-statewide-format for the Tenn. R. Civ. P. 10 caption, Rule 11 signature, and redaction of personal identifiers. Use tn-draft-motion / tn-draft-declaration / tn-draft-order for the documents themselves, and tn-family-law for the substance.

3. File with the correct clerk and pay (or waive) the fee

• File with the Circuit Court Clerk or the Clerk and Master (Chancery), depending on the court chosen.
• Filing fees vary by county; a uniform civil affidavit of indigency may waive the fee for qualifying self-represented filers. Confirm the current form with the clerk.
• E-filing is county-by-county in Tennessee — there is no universal trial-court e-filing mandate. Some counties (e.g., larger metro chancery courts) use an electronic system; others accept paper. Confirm the venue's platform and whether it is mandatory with the specific venue skill (tn-davidson, tn-shelby, tn-knox, tn-hamilton, tn-county-courts).

4. Serve the defendant

Serve the summons and complaint under Tenn. R. Civ. P. 4. The answer is generally due 30 days after service (tn-first-30-days). For an agreed irreconcilable-differences divorce, the defendant may sign the MDA and a waiver/joinder rather than be formally served — confirm the current § 36-4-103 mechanics.

5. Observe the § 36-4-103(a) waiting period

For an irreconcilable-differences divorce, the complaint must be on file at least 60 days before the hearing if there is no unmarried minor child, or 90 days if there is an unmarried child under 18. The clock runs from filing. Compute it with tn-deadlines.

The permanent-parenting-plan requirement

If the case involves a minor child, a Permanent Parenting Plan under § 36-6-401 et seq. is mandatory before the court will enter a final decree. The plan must allocate the residential schedule, decision-making, and child support, and provide a dispute-resolution mechanism. The court applies the best-interest factors at § 36-6-106(a). See tn-family-law for the plan content and factors. Many courts will not set a final hearing until a proposed parenting plan and the completed parenting-education seminar are on file.

Mediation expectations

Mediation requirements vary by county. Many Tennessee courts order mediation in contested divorce and parenting cases (often before a final hearing will be set), and some maintain approved mediator rosters or Tenn. Sup. Ct. R. 31 listed mediators. Some courts require an attempt at mediation by local rule. Confirm the venue's mediation expectation, any required pre-mediation disclosures, and cost-sharing with the local rules and the relevant venue skill.

Mandatory parenting-education seminar

Divorces involving minor children require completion of a mandatory parent-education seminar (commonly cited to § 36-6-408 — verify the current citation and the county's approved provider). File the completion certificate before the final hearing. Many counties also impose the seminar requirement by local rule; confirm with the venue skill.

Self-represented (pro se) divorce intake

• Tennessee provides approved self-represented forms for some divorce situations through the Administrative Office of the Courts (commonly for divorces with no minor children and limited property, and a separate packet for divorces with minor children). Confirm the current AOC packet and whether the chosen county accepts it.
• Self-represented filers should designate themselves clearly in the signature block (no Tennessee bar number) — see tn-pro-se.
• Clerks and self-help resources can explain procedure but cannot give legal advice. Encourage consultation with a licensed Tennessee family-law attorney, especially where there are minor children, retirement assets, real property, a business, or any disputed issue.

Composition

• For the substantive law (grounds, property, support, alimony, parenting plans, relocation, parentage, UCCJEA/UIFSA, orders of protection): tn-family-law
• For Title 37 matters (parentage, unmarried-parent custody, dependency/neglect, TPR): tn-juvenile-court
• For format (Rule 10 caption, Rule 11 signature, redaction): tn-statewide-format
• For the specific county / clerk and e-filing platform: tn-davidson, tn-shelby, tn-knox, tn-hamilton, tn-county-courts
• For pro se conventions and AOC forms: tn-pro-se
• For the answer and first-30-days response: tn-first-30-days
• For the 60/90-day waiting period and other deadlines: tn-deadlines
• For assembling and preflighting the filing packet: tn-file-packet
• For scheduling and hearings: tn-schedule-hearing, tn-hearings
• For the proposed final decree: tn-draft-order, tn-submit-order

References

• references/circuit-vs-chancery.md — choosing the court; clerk differences (Circuit Court Clerk vs. Clerk and Master)
• references/divorce-filing-checklist.md — complaint, MDA, parenting plan, worksheet, injunction, financial disclosure
• references/parenting-plan-requirement.md — when a plan is required and what the court expects before setting a final hearing
• references/mediation-by-county.md — where mediation is ordered and approved-roster practice
• references/pro-se-divorce-packets.md — AOC self-represented divorce forms (with / without minor children)