How Long Do You Have to Be Separated to Get a Divorce in Tennessee?
One of the most common questions about divorce in Tennessee is whether there’s a required separation period before you can file. The answer depends on the grounds for divorce you choose and your specific circumstances. Here’s a breakdown of the separation requirements under Tennessee law:
1. No-Fault Divorce Based on Irreconcilable Differences
If both spouses agree that the marriage has irreconcilable differences, there is no mandatory separation period before filing for divorce. However, after filing, Tennessee imposes a mandatory waiting period before the divorce can be finalized:
60 days if the couple has no minor children.
90 days if the couple has minor children.
This waiting period, often referred to as a "cooling-off" phase, allows for the possibility of reconciliation before the divorce is granted. During this time, the court encourages couples to carefully consider their decision and finalize any agreements related to property, custody, or support.
2. No-Fault Divorce Based on Two-Year Separation
In Tennessee, you can also file for a no-fault divorce if you and your spouse have been living in separate residences without cohabitation for at least two continuous years. However, this option is only available if you have no minor children.
In these cases, the two-year separation is a prerequisite to filing for divorce. You’ll need to demonstrate that you’ve been living apart during this time and that the separation has been consistent.
3. Fault-Based Divorce
For divorces filed on fault-based grounds—such as adultery, abandonment, or cruelty—there is no required separation period before filing. If you choose to file for a fault-based divorce, you must provide evidence to support your claim. Fault-based divorces can be more complex and contentious, as they require proving that one spouse’s actions caused the breakdown of the marriage.
Which Option Is Right for You?
The separation requirements—or lack thereof—depend on the circumstances of your marriage and the grounds for divorce you choose. If you and your spouse agree on the divorce terms, a no-fault divorce based on irreconcilable differences is often the simplest and quickest option. On the other hand, if disputes exist or fault grounds apply, the process may take longer and require additional steps.
Final Thoughts
While Tennessee law does not mandate a separation period for all divorces, the two-year separation option provides an alternative for couples who have lived apart for an extended period without minor children. If you’re unsure about which approach fits your situation, consulting with a knowledgeable family law attorney can help you understand your options and ensure you take the right steps for your case.
If you’re considering divorce and want guidance tailored to your circumstances, contact us today. We’re here to help you navigate the process and protect your rights.
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