If you and your spouse already agree on how to split things up, an uncontested divorce is usually the faster, cheaper, and less stressful way to legally end a marriage in Tennessee. But “we agree” is really just the starting point. There’s still a specific legal process to follow, paperwork that has to be done correctly, and a few real questions most people want answered first: How long will this take? What are the steps? What will it cost? Do we have to show up in court?
This guide walks through exactly what an uncontested divorce involves in Tennessee, how it works, and what to expect from start to finish. It’s part of our bigger guide to divorce law in Tennessee, so if you’re not sure yet whether your situation actually counts as uncontested, check that out first.
Ready to start your uncontested divorce? Call us at (931)245-5060 and we’ll help you get it done right and quickly.
An uncontested divorce is one where both spouses agree, before filing, on all issues: how to split property and debt, whether either spouse will pay alimony, and, if there are children, then about the residential schedule, decision making, and child support. Since there’s nothing left for a judge to decide, the case moves through the court much faster than a contested divorce, no trial needed, and often without either spouse ever needing to go to court.
Uncontested divorces in Tennessee are usually based on the no-fault ground of “irreconcilable differences.” Both spouses sign a written agreement, called a Marital Dissolution Agreement, spelling out the terms, and the court reviews and approves it as long as it meets Tennessee’s requirements.
Even without a dispute to sort out, an uncontested divorce still has specific pieces that need to come together correctly.
Before you can file, both spouses need to agree on every major term of the divorce. If even one of these is still up in the air, whether that’s who keeps the house or how holiday parenting time gets split, the case isn’t truly uncontested yet. It’s worth sorting that out through direct negotiation or mediation before filing if you’re trying to keep it uncontested.
The family home, vehicles, bank accounts, and personal belongings.
Including credit cards, loans, and joint liabilities.
If either of you has a 401(k), pension, IRA, or other retirement account.
Whether either spouse will pay support, how much, and for how long, if at all.
Residential schedule, decision making, and child support, if you have minor children.
Unlike a contested divorce, where a judge decides how property gets split, an uncontested divorce lets you and your spouse decide for yourselves. Tennessee law still separates marital property from separate property, so it’s worth being clear on which assets fall into which category before finalizing anything.
The core document in an uncontested divorce. It’s a written, signed contract laying out exactly how property and debt will be split, whether alimony will be paid, and any other financial terms. It generally needs both signatures and a notary.
If you have minor children, Tennessee requires a Permanent Parenting Plan alongside the Marital Dissolution Agreement, laying out the parenting schedule, decision-making, and how you’ll communicate and handle future disagreements.
Tennessee courts require a Child Support Worksheet to be submitted with a Permanent Parenting Plan before the judge will sign off on it. It shows each parent’s income, days with the children, and related expenses.
Divorcing parents with minor children generally need to finish a court-approved parenting class before the divorce can be finalized, even in an uncontested case, usually available online and taking just a few hours.
Since there’s no dispute to notify the other side about, uncontested divorces move faster, often skipping a process server through a waiver of service, and a lot of counties let cases finalize without either spouse going to court at all.
Without the discovery, negotiation, and court hearings that come with a contested case, uncontested divorces are usually a lot cheaper and can be finalized much more closely to Tennessee’s minimum waiting period. Costs generally break down into court filing fees, which vary by county, and attorney’s fees, which are often a flat rate for straightforward uncontested cases instead of hourly billing.
Uncontested divorces still have to meet the same basic legal requirements as any Tennessee divorce under Title 36 of the Tennessee Code Annotated, just without the added litigation. Filing procedures and local court requirements come from the Tennessee Administrative Office of the Courts.
At least one spouse generally needs to have lived in Tennessee for six months before filing.
Most uncontested divorces use the no-fault ground of irreconcilable differences, which needs both spouses on board with the divorce and its terms.
At a minimum, a Complaint for Divorce and a Marital Dissolution Agreement. Couples with minor children also need a Permanent Parenting Plan, Child Support Worksheet, and proof of a completed parenting class.
Tennessee requires a minimum wait before the divorce can be finalized, generally 60 days from filing without minor children, and 90 days with them.
A lot of Tennessee counties don’t require either spouse to show up in person, sometimes relying on notarized affidavits instead. This varies by county and judge.
Since there’s nothing to fight over, mediation generally isn’t required for a truly uncontested divorce.
Most uncontested divorces in Tennessee follow these general steps.
Before anything gets filed, both spouses need to agree on property, debt, alimony, and, if applicable, children’s residential schedules, decision-making, and child support.
This puts your agreement in writing so the court can review and approve it.
One spouse files it along with the signed Marital Dissolution Agreement and Permanent Parenting Plan.
Finish the required class before the case can be finalized.
The case has to stay open for a minimum time, 60 days without minor children, or 90 days with them, from when it was filed.
A lot of uncontested divorces can wrap up without either spouse showing up in person, though it depends on the county. If you do need to appear, it’s usually brief.
Once approved, the court issues a Final Decree building in your Marital Dissolution Agreement and Permanent Parenting Plan, and it’s legally binding.
An uncontested divorce is just one path. Depending on your situation, these related guides might help too.
For when spouses can’t fully agree on the terms →
For couples who want to work things out cooperatively →
For cases involving active-duty service members or veterans →
For changing orders after the divorce is final →
For the bigger picture →
Not sure your case actually qualifies as uncontested? Explore our full family law guide or call 931-245-5060 and we’ll help you figure out the right path.
Even a simple, uncontested divorce needs to be handled correctly to avoid delays or problems down the road. At Dahl Family Law, we focus exclusively on family law across Tennessee and Kentucky.
We make sure your Marital Dissolution Agreement and Parenting Plan meet all the legal requirements the first time.
We know the filing procedures and expectations in the counties we serve, including whether you’ll need to show up in court.We know the judges, court staff, and local procedures where you’re filing.
We keep things moving efficiently, so you’re not waiting longer than you have to.
We’re upfront about cost, so there are no surprises.
Start by reaching full agreement with your spouse on property, debt, alimony, and, if you have children, their residential schedule, decision making, and child support. Then draft and sign a Marital Dissolution Agreement (and a Permanent Parenting Plan if you have minor children), file a Complaint for Divorce with those documents, finish a parenting class if it applies, and wait out Tennessee's required period before the court finalizes things.
By law, the case has to stay open for at least 60 days from filing if you don't have minor children, or 90 days if you do. As long as your paperwork is complete and correct, most uncontested divorces wrap up close to that minimum, though local court scheduling can add a little extra time.
Costs are generally a lot lower than a contested divorce, since there's no litigation, discovery, or trial. You'll typically pay court filing fees, which vary by county, plus attorney's fees, often a flat rate for straightforward uncontested cases. The best way to get a real number is to just ask — most family law attorneys, including us, can give you a clear quote upfront.
Often, yes. A number of Tennessee counties let uncontested divorces get finalized without either spouse showing up in court, relying on notarized affidavits instead. That said, this varies by county and judge. Checking your county's specific requirements ahead of time can save you an unnecessary trip.
Not quite. An attorney can only represent one spouse, even in an uncontested divorce, since representing both would be a conflict of interest. It's common, though, for one spouse to hire an attorney to prepare the paperwork while the other reviews it independently or with their own counsel.
If a disagreement pops up before the divorce is finalized, that specific issue can shift into a contested process. This happens when both spouses haven't discussed everything on the front end. The option is typically always there to convert to a collaborative or contested divorce. You can then negotiate or mediate before it turns into a full trial.
Even when you and your spouse are on the same page, it’s worth having an attorney make sure your agreement is complete, fair, and actually holds up under Tennessee law, so nothing comes back to bite you later.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Divorce cases are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee family law attorney regarding your specific circumstances.
