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Last Modified on Jun 16, 2026
If you are considering ending your marriage, one of the first questions you may ask is, “Does it matter who files for divorce first in Tennessee?” The short answer is no, because Tennessee courts do not favor the spouse who files for divorce when making decisions about the case. However, there are some factors to consider before deciding whether you or your spouse should file the petition.
An Overview of the Filing Process in Tennessee
The divorce process in Tennessee begins when one spouse files a Complaint for Divorce with the court. These cases can be handled by the Chancery Court or the Circuit Court and must be filed with the county court where you and your spouse live. For example, in Montgomery County, you can file the appropriate forms at 2 Millennium Plz, Clarksville.
Beyond the Complaint for Divorce, there are often additional documents needed by the court, especially if you have children. A Tennessee divorce attorney can explain which forms are required, so you are prepared to file for divorce and can avoid any unnecessary delays.
Once the complaint is filed, the other spouse must be formally served with the divorce papers. From here, the other spouse has the opportunity to respond, and the divorce case can proceed with negotiations or mediation and, if necessary, a trial.
Understanding the Impact of Filing for Divorce First
Filing first rarely has an impact on the outcome of a Tennessee divorce. Judges do not award more favorable property divisions, child custody arrangements, or financial support simply because one spouse initiated the divorce. Instead, courts base their decisions on the facts of the case and Tennessee’s divorce laws.
Ultimately, whether filing first is beneficial or not depends on the circumstances of your case, not on any automatic legal advantage. If you and your spouse both intend to get a divorce, it likely does not matter who files for divorce. If you are looking for a divorce but your spouse does not plan on filing for divorce, you may be required to file first.
Potential Advantages of Filing First
Filing first does not guarantee a better outcome. However, some people may appreciate certain practical benefits that may be offered by filing first. The most significant advantage may be preparation. By being the spouse to file for divorce, you have more time to prepare for the divorce case, compared to if you are responding to your spouse’s unexpected filing for divorce. You may have more time to:
- Organize financial records
- Consider various solutions for property division, child custody, or support orders
- Gather evidence to support your case
- Speak with a Tennessee divorce attorney about your case
Facts About Filing for Divorce in Tennessee
Some statistics that highlight how common divorce and filing divorce papers are include:
Hire a Divorce Lawyer From Mathis, Bates & Klinghard PLLC
If you are getting a divorce, it is important to work with a team that takes the time to understand your goals, explain your options, and build a strategy designed to fit your unique circumstances. At Mathis, Bates & Klinghard PLLC (MBK Legal), our team’s commitment has led to recognition from Super Lawyers and Avvo for family law. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.
From first deciding to file a petition to finalizing your divorce, our attorneys can guide you through each step of the legal process. We offer evening and Saturday appointments and also respond to communications within 24 hours.
FAQs
What Is the Biggest Mistake in a Divorce?
The biggest mistake in a divorce is letting emotions impact your decisions. Acting out of anger, guilt, fear, or the desire for revenge can often result in irrational financial decisions and unfavorable custody plans for your children. If you hire a divorce lawyer, they can help you make rational decisions that align with your long-term goals, which can help you avoid unnecessary courtroom battles or unfavorable agreements.
Can You Divorce Your Spouse If They Have Alzheimer’s?
Yes, you can legally divorce a spouse with Alzheimer’s in Tennessee. However, the divorce process may look different if their cognitive condition makes them unable to understand the divorce proceedings or make important decisions. In this situation, the court may need to appoint a guardian who can negotiate and make decisions on behalf of your spouse.
What Assets Cannot Be Touched in a Divorce?
In Tennessee, assets that cannot be touched are those that have been designated as separate property. This commonly includes assets acquired before the marriage, personal gifts, inheritances, and assets included in a prenuptial or postnuptial agreement. However, separate property can become community property, such as if they are commingled with marital assets, which is why it is a good idea to check with a lawyer before dividing property.
How Is Alimony Determined in Tennessee?
Under Tennessee’s divorce laws, alimony is determined on a case-by-case basis. Spouses can negotiate a fair alimony plan based on their personal needs and goals. However, if your case goes to court, then a judge determines the amount and the duration of alimony. The court can look at factors such as both spouses’ current income and earning potential, whether a spouse needs more education or training to become self-sufficient, and the duration of the marriage.
Learn How a Tennessee Divorce Attorney Can Help You File for Divorce
If you are wondering if it matters whether you or your spouse files first, you can likely benefit from legal guidance. A lawyer can help you prepare to file for divorce if you are ready to begin the divorce case, or explain what happens next if your spouse just served you. Contact MBK Legal to learn more about the filing process and why legal help is so important.
