tn-family-law

name: tn-family-law description: > Subject-matter bundle for Tennessee family-law matters. Covers Title 36: divorce grounds + procedure (§ 36-4-101 fault/irreconcilable-differences; § 36-4-103 60/90-day waiting period); equitable distribution (§ 36-4-121); income-shares child support (§ 36-5-101 + current Guidelines); four alimony types with rehabilitative/transitional preference (§ 36-5-121); permanent parenting plans + best-interest factors (§§ 36-6-401, 36-6-106); relocation (post-2018 § 36-6-108 60-day notice framework); UCCJEA jurisdiction (§ 36-6-201 et seq.); UIFSA interstate enforcement (§ 36-5-2001 et seq.); parentage/paternity; orders of protection (§ 36-3-601 et seq.); no Tennessee common-law marriage. For venue mechanics use tn-family-court. version: 0.1.1

Tennessee Family Law — Title 36

NOT LEGAL ADVICE. Family-law cases carry long-term consequences for property, children, and finances. Strongly consider consulting a licensed Tennessee family-law attorney even on a "simple" or "agreed" divorce. Generated content is a drafting aid; verify against current statutes, the current child-support Guidelines, and case law before filing.

This subject-matter bundle covers the substantive Tennessee domestic-relations law of Title 36 of the Tennessee Code: divorce, annulment, legal separation, equitable distribution, child support, alimony, the permanent parenting plan, parentage / paternity, relocation, and orders of protection. It supplies the law; the venue mechanics live in tn-family-court (Circuit / Chancery) and tn-juvenile-court (Title 37), and document format lives in tn-statewide-format.

Snapshot — Tennessee family-law principles

• Divorce is both fault and no-fault. Tennessee recognizes approximately fifteen fault grounds plus the no-fault ground of irreconcilable differences — all listed at Tenn. Code Ann. § 36-4-101. The irreconcilable-differences procedure is at § 36-4-103.
• Mandatory waiting period. For an irreconcilable-differences divorce, the complaint must be on file at least 60 days before a hearing if the parties have no unmarried minor child, and at least 90 days if there is an unmarried child under 18 — § 36-4-103(a). (This is the waiting period, not a residency rule; do not confuse it with § 36-4-101.)
• Equitable distribution — NOT community property. Marital property is classified (marital vs. separate) and the marital estate is then divided equitably — not necessarily equally — under the factors at § 36-4-121(c).
• Child support uses the income-shares model. Statutory basis at § 36-5-101; the operative Tennessee Child Support Guidelines are the DHS regulations at Tenn. Comp. R. & Regs. ch. 1240-02-04. Verify the current Guidelines figures and worksheet — they are amended periodically.
• Four statutory alimony types at § 36-5-121: alimony in futuro, alimony in solido, rehabilitative alimony, and transitional alimony — with a statutory preference for rehabilitative and transitional support over long-term in futuro.
• Permanent parenting plan required in every divorce / custody case involving a minor child — § 36-6-401 et seq. Custody decisions apply the best-interest factors at § 36-6-106(a).
• Common-law marriage is NOT recognized if contracted in Tennessee; a common-law marriage valid where contracted elsewhere is recognized by comity.

Filing path — where a family case goes

Both Circuit Court (a court of law) and Chancery Court (a court of equity) have jurisdiction over divorce in Tennessee; see tn-family-court for choosing between them. Title 37 matters (parentage, unmarried-parent custody, dependency/neglect, TPR) go to Juvenile Court; see tn-juvenile-court.

Divorce — grounds (§ 36-4-101)

Tennessee divorce grounds are enumerated at Tenn. Code Ann. § 36-4-101. They fall into two categories.

Fault grounds (approximately fifteen)

The fault grounds include, among others:

• Adultery
• Desertion — willful or malicious desertion for one full year without reasonable cause
• Inappropriate marital conduct (historically "cruel and inhuman treatment") — conduct rendering cohabitation unsafe or improper
• Habitual drunkenness or drug abuse contracted after marriage
• Conviction of an infamous crime / felony imprisonment
• Bigamy (either party knowingly married another)
• Impotence / incapacity at the time of the marriage
• Refusal to move to Tennessee with the other spouse and willful absence for two years
• Indignities rendering the spouse's position intolerable
• Abandonment / failure to provide

Verify the exact subsection numbering and the precise wording of any ground at the current text of § 36-4-101 before pleading it; the list and its sub-numbering are periodically amended.

No-fault ground — irreconcilable differences (§ 36-4-101(a)(14))

Irreconcilable differences is the no-fault ground at § 36-4-101(a)(14). An irreconcilable-differences divorce requires either (a) a written, signed Marital Dissolution Agreement (MDA) resolving property and debts, plus a permanent parenting plan if there are minor children, or (b) the matter is tried after a contested ground is also pleaded. The procedure is at § 36-4-103.

Divorce — procedure and the waiting period (§ 36-4-103)

The irreconcilable-differences procedure is governed by § 36-4-103. Key points:

1. Pleading. A divorce may be sought on irreconcilable differences alone, or paired with a fault ground pleaded in the alternative (a common practice so the case can proceed even if the agreement falls through).
2. The agreement. For an agreed irreconcilable-differences divorce, the parties must execute a written Marital Dissolution Agreement and, if minor children are involved, a permanent parenting plan (see below).
3. The waiting period — § 36-4-103(a). The complaint must be on file for at least:
   • 60 days before the hearing if there is no unmarried minor child of the marriage, or
   • 90 days before the hearing if there is an unmarried child under 18.
4. No default for irreconcilable differences. A divorce cannot be granted on irreconcilable differences by default; the statute requires the agreement (or a contested trial on another ground).

The waiting period runs from filing the complaint, not from service. Confirm the count with tn-deadlines and verify against the current text of § 36-4-103(a).

Annulment and legal separation

• Annulment treats a marriage as void or voidable from the outset (e.g., bigamy, incest, lack of capacity, fraud going to the essentials of the marriage). It is rare and the grounds are narrow; most "I want an annulment" requests are actually divorces. Research the specific basis and verify the governing Title 36 provisions before pleading annulment rather than divorce.
• Legal separation lets spouses live separately and have the court resolve property, support, and parenting while remaining married (often for religious or insurance reasons). It can later be converted to an absolute divorce. Confirm the current legal-separation provisions within Title 36, ch. 4.

Equitable distribution — property (§ 36-4-121)

Tennessee is an equitable-distribution state, not a community-property state. The court follows a two-step process under § 36-4-121:

Step 1 — Classify

Each asset and debt is classified as marital or separate.

• Separate property generally includes property owned before the marriage, gifts and inheritances to one spouse, and (subject to exceptions) income from and appreciation of separate property.
• Marital property generally includes property acquired during the marriage and the increase in value of separate property to which both spouses substantially contributed, plus retirement benefits accrued during the marriage.
• Transmutation and commingling can convert separate property to marital property; dissipation (waste) of marital assets is a distribution factor. Verify the exact classification rules and defined terms at the current § 36-4-121.

Step 2 — Divide the marital estate equitably

Only marital property is divided. The court divides it equitably (a fair division, not necessarily 50/50) considering the factors at § 36-4-121(c), which typically include:

• Duration of the marriage
• Age, physical and mental health, vocational skills, employability, earning capacity, and financial needs of each party
• Tangible / intangible contributions to the marital estate, including contribution as a homemaker
• Each party's separate assets
• The economic circumstances of each party at the time the division is to become effective
• Tax consequences and the value of separate property

Separate property is confirmed to its owner and is not divided (though it can inform an alimony award).

Child support — income-shares (§ 36-5-101; Guidelines ch. 1240-02-04)

Tennessee uses the income-shares model: both parents' incomes are combined, the Guidelines assign a basic support obligation for the number of children, and that obligation is apportioned between the parents in proportion to their incomes and adjusted for parenting time.

• Statutory basis: § 36-5-101.
• Guidelines: the Tennessee Child Support Guidelines at Tenn. Comp. R. & Regs. ch. 1240-02-04, promulgated by the Department of Human Services. The Guidelines supply the income schedule, the Child Support Worksheet, and the deviation criteria.

Worksheet inputs typically include:

• Each parent's gross income (with statutory adjustments for self-employment, pre-existing support orders, other children in the home, etc.)
• Number of days the child spends with each parent (the parenting-time adjustment)
• Work-related child-care costs
• Health-insurance premium for the child
• Recurring uninsured medical expenses

A court may deviate from the presumptive Guidelines amount with written findings of why the deviation is in the child's best interest.

The dollar figures, the income schedule, and the worksheet are set by regulation and are amended periodically — always confirm the current Tenn. Comp. R. & Regs. ch. 1240-02-04 and run the current official worksheet rather than relying on stale numbers.

Enforcement runs through the Tennessee Department of Human Services child-support program (wage assignment, license action, tax intercept, contempt). Interstate establishment, modification, and enforcement go through UIFSA at § 36-5-2001 et seq. (registration and enforcement at §§ 36-5-2601 et seq.).

Alimony — the four Tennessee types (§ 36-5-121)

Tennessee recognizes four statutory forms of spousal support at § 36-5-121:

Statutory preference. Section 36-5-121 expresses a legislative preference for rehabilitative and transitional alimony over long-term alimony in futuro; in futuro is awarded where rehabilitation is not feasible.

The court considers the statutory factors (including the relative earning capacity and need of the parties, duration of the marriage, the standard of living during the marriage, separate and marital assets after division, the disadvantaged spouse's education and training needs, and — where relevant — relative fault). Verify the current factor list and the modifiability rules for each type at § 36-5-121.

Permanent parenting plan and best interest (§§ 36-6-401, 36-6-106)

Every divorce or custody case involving a minor child requires a permanent parenting plan under § 36-6-401 et seq. The plan allocates:

• Residential schedule (day-to-day, holidays, school breaks, summer) and designation of the primary residential parent
• Decision-making authority (education, non-emergency health care, religious upbringing, extracurriculars) — sole or joint
• Child-support terms (with the worksheet)
• A dispute-resolution process (often mediation)

The court selects and modifies a residential schedule under the best-interest factors at § 36-6-106(a), which include (verify the current enumerated list):

• The strength, nature, and stability of the child's relationship with each parent
• Each parent's past and potential performance of parenting responsibilities and willingness to facilitate a relationship with the other parent
• The child's developmental needs and the continuity / stability of the child's environment
• The moral, physical, mental, and emotional fitness of each parent
• The child's reasonable preference (if of sufficient age and maturity)
• Evidence of physical or emotional abuse, and each parent's employment schedule

The factor enumeration in § 36-6-106(a) has been amended over time; confirm the current factor list and numbering before drafting findings or a proposed parenting plan.

Parental relocation (§ 36-6-108) — amended effective July 1, 2018

The relocation statute is § 36-6-108, substantially amended effective July 1, 2018. Under the current statute:

• A parent who intends to relocate outside Tennessee or more than 50 miles from the other parent within Tennessee must send the other parent notice at least 60 days before the move (with statutory content and method requirements).
• If the other parent files a timely objection, the court decides relocation under a best-interest multifactor analysis.

Stale-source warning. Many older Tennessee relocation resources describe the pre-2018 framework (the "100-mile" distinction and a presumption tied to which parent spent the most time with the child). That framework was replaced effective July 1, 2018. Use only post-2018 authority, and verify the current notice content, timing, and the controlling best-interest factors at § 36-6-108.

Parentage / paternity and legitimation

Establishing parentage (paternity) and legitimation for a child of unmarried parents is generally a Juvenile Court matter under Title 37 (see tn-juvenile-court), though parentage can also be adjudicated within other proceedings. Once parentage is established, custody and support follow the same Title 36 substantive framework (income-shares support, best-interest parenting plan) covered above. Confirm the controlling parentage provisions and the proper forum for the specific facts.

Common-law marriage

Tennessee does not recognize common-law marriage contracted within Tennessee. A purported common-law marriage created by cohabitation and reputation in Tennessee is not a valid marriage here. However, a common-law marriage that was validly contracted in another state that recognizes it will generally be recognized in Tennessee by comity. If a party asserts an out-of-state common-law marriage, plead and prepare to prove the validity of the marriage under the law of the state where it was formed.

Jurisdiction over children and interstate cases

• UCCJEA — § 36-6-201 et seq. governs subject-matter jurisdiction over custody / parenting determinations. The child's home state generally controls. Plead the UCCJEA jurisdictional allegations (and any required affidavit of the child's residences) in the petition.
• UIFSA — § 36-5-2001 et seq. governs interstate child-support establishment, modification, and enforcement, including registration of out-of-state orders (§§ 36-5-2601 et seq.).

Orders of protection / domestic abuse (§ 36-3-601 et seq.)

Civil orders of protection for domestic abuse, stalking, and sexual assault are governed by § 36-3-601 et seq. A petition may be filed (often without a filing fee at the outset) and the court may enter an ex parte temporary order, followed by a hearing on an extended order. Orders of protection frequently run parallel to a divorce or parentage case; coordinate the parenting and possession provisions across the cases. Verify the current petition form, the hearing timeline, and the duration provisions at § 36-3-601 et seq.

Mandatory parenting-education seminar

In divorce and custody cases involving minor children, Tennessee requires the parents to complete a mandatory parenting-education seminar before the parenting plan is finalized. This requirement is commonly cited to § 36-6-408 — verify the current citation and the county's approved provider list, because both the statutory cross-reference and the local provider lists are updated periodically. Many counties also require the seminar by local rule; check the venue with tn-family-court.

Mandatory financial disclosures

Tennessee family practice relies on sworn financial disclosure. Where the local rules require it (and in many counties they do), the parties must exchange a Rule 16-type / sworn financial statement (income, expenses, assets, debts) — analogous to a mandatory disclosure obligation. The content and deadline are set by the county's local rules, so confirm the requirement and the form with tn-family-court and the venue skill for the specific court. A complete, truthful financial affidavit is essential to property division, child support, and alimony; knowing falsification carries serious consequences.

Drafting checklist

• Forum chosen correctly (Circuit/Chancery vs. Juvenile) per the filing-path table — see tn-family-court / tn-juvenile-court
• Ground(s) pleaded correctly under § 36-4-101 (and irreconcilable differences pleaded under § 36-4-101(a)(14) with the § 36-4-103 procedure)
• Waiting period (60 / 90 days) calculated from filing under § 36-4-103(a) — verify with tn-deadlines
• Property classified (marital vs. separate) before proposing an equitable division under § 36-4-121
• Child support run on the current official Guidelines worksheet (ch. 1240-02-04)
• Alimony request identifies the correct type under § 36-5-121
• Permanent parenting plan drafted under § 36-6-401 et seq. with § 36-6-106(a) best-interest support
• Relocation handled under the post-2018 § 36-6-108 framework
• UCCJEA / UIFSA allegations included where there is an interstate element
• Mandatory parenting seminar and any local financial-disclosure requirement satisfied

Composition

• For format and the Rule 10 caption: tn-statewide-format
• For the divorce venue (Circuit / Chancery), parenting-plan requirement, and intake: tn-family-court
• For Title 37 matters (parentage, unmarried-parent custody, dependency/neglect, TPR): tn-juvenile-court
• For drafting the complaint / petition / motion: tn-draft-motion
• For sworn declarations / affidavits: tn-draft-declaration
• For a proposed decree / order: tn-draft-order, tn-submit-order
• For pro se conventions and self-represented intake: tn-pro-se
• For the 60/90-day waiting period and other deadlines: tn-deadlines
• For hearings and oral argument: tn-hearings
• For citation verification: tn-fact-check
• For canonical Title 36 text and the Guidelines: tn-law-references

References

• references/divorce-grounds.md — § 36-4-101 fault grounds + irreconcilable differences detail
• references/divorce-procedure.md — § 36-4-103 procedure and the 60/90-day waiting period
• references/equitable-distribution.md — § 36-4-121 classification + the § 36-4-121(c) factors
• references/child-support-guidelines.md — § 36-5-101 + Tenn. Comp. R. & Regs. ch. 1240-02-04 income-shares worksheet inputs
• references/alimony.md — the four § 36-5-121 alimony types and the rehabilitative/transitional preference
• references/parenting-plan.md — § 36-6-401 et seq. permanent parenting plan + § 36-6-106(a) best-interest factors
• references/relocation.md — the post-July-1-2018 § 36-6-108 framework
• references/uccjea-uifsa.md — § 36-6-201 et seq. and § 36-5-2001 et seq.
• references/orders-of-protection.md — § 36-3-601 et seq.