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Last Modified on Jul 25, 2026
Many couples wonder, “What is an uncontested divorce in Tennessee?” and whether it may be an option for ending their marriage. In an uncontested divorce, both spouses agree on all issues necessary to resolve the divorce, without litigating disputed issues before the court.
Even if your divorce is uncontested, there are many aspects of Tennessee law and procedure you must follow to make the final divorce decree legally valid.
Hire a Divorce Lawyer
Even when couples have reached agreement on the terms of their divorce, legal issues remain. At Mathis, Bates & Klinghard PLLC, we walk our clients through the Tennessee divorce process, review the rights of each party, and prepare and file all required legal documents. We are here to help our clients look to the future with confidence and be better prepared to protect their long-term interests.
What Makes a Divorce Uncontested in Tennessee?
An uncontested divorce is a divorce in which both spouses agree that the marriage should end, and in which the spouses ask the court to approve their settlement without having to resolve disputed issues through litigation. In an uncontested divorce, the court is not required to adjudicate disagreements between the parties on the terms of the divorce.
Tennessee law provides certain procedures that must be satisfied before an uncontested divorce may be granted. For instance, Tenn. Code Ann. § 36-4-103 provides for certain uncontested divorces and specifies when a court may enter a final judgment based on the parties’ agreement.
What Issues Must Spouses Agree On?
To obtain an uncontested divorce in Tennessee, spouses must agree to resolve all issues required to end their marriage. Depending on the unique situation, these issues may include:
- Division of marital property
- Marital debt allocation
- Spousal support/alimony
- Attorney’s fees and other costs
- Child custody
- A permanent parenting plan
- Parenting time
- Child support
- Other issues affecting the children’s care and well-being
These terms are often outlined in a written Marital Dissolution Agreement and, if the parties have minor children, a Permanent Parenting Plan. The court must review these agreements before entering a final decree of divorce.
What Is the Process for an Uncontested Divorce?
An uncontested divorce typically starts with one spouse filing a Complaint for Divorce in the appropriate Tennessee court. At least one of the parties must meet Tennessee’s residency requirements as outlined in Tenn. Code Ann. § 36-4-104 before a divorce can be granted.
In addition, Tennessee law requires 60-day and 90-day waiting periods, depending on whether or not the spouses have minor children together. When the required papers have been filed and the waiting period has elapsed, the court can review the agreements and, if all legal requirements have been satisfied, enter a Final Decree of Divorce.
Benefits and Potential Challenges of an Uncontested Divorce
An uncontested divorce can be beneficial to both spouses if they are able to agree on all of the issues that need to be resolved. Pursuing every point of contention can lead to higher legal costs, delays, and heightened animosity.
An uncontested divorce isn’t the right path for every situation. The parties may not agree on important aspects of the divorce, and one spouse may be pressured into accepting a settlement. Cases involving domestic violence or financial issues should also be carefully reviewed. Any agreement should be thoroughly reviewed before it is signed.
FAQs
Q: Can an Uncontested Divorce Become Contested?
A: An uncontested divorce can become contested if the spouses become unable to agree on one or more issues before the court enters the final divorce decree. For instance, spouses who agree to divorce may disagree on property division, parenting arrangements, or financial matters that must be settled prior to the court granting the divorce.
If this happens, the divorce usually proceeds under the rules for contested cases, and either party may ask the court to decide the disputed issues.
Q: How Common Is Divorce in Tennessee?
A: The Centers for Disease Control and Prevention reports that the state of Tennessee saw a total divorce rate of 2.9 divorces per 1,000 total population in 2024. In contrast to divorces driven by major conflicts, some cases can be considered uncontested when both parties agree on all issues required to finalize the divorce. Reviewing the available options for divorce can allow couples to assess which option is better for them.
Q: Where Are Uncontested Divorces Filed Near Fort Campbell?
A: A significant number of Tennesseans who reside near Fort Campbell seek uncontested divorces in the Montgomery County Chancery Court. Montgomery County Chancery Court hears several types of family law cases, including divorces.
Even in an uncontested divorce, which typically has fewer issues in dispute than a contested divorce, the parties have to follow the court’s requirements for filing, the waiting period, and procedural rules before the court enters a final divorce decree.
Q: How Frequently Do Tennessee Courts Handle Divorce and Family Law Matters?
A: The Tennessee Administrative Office of the Courts reported that 3,814 divorce cases with minor children were filed in Tennessee Circuit Courts in fiscal year 2024-2025. Divorce proceedings involving children often require courts to address custody, parenting plans, and child support in addition to ending the marriage. For that reason, a clear understanding of the legal requirements is essential before the case moves forward.
Contact a Divorce Lawyer
In some cases, an uncontested divorce may provide a less burdensome, more direct means to legally end your marriage, especially if both spouses have the means to address the legal issues at hand, and if they are in agreement about getting divorced. It’s imperative, however, that you adhere to Tennessee’s legal stipulations and confirm all essential documentation is completed accurately to progress.
At Mathis, Bates & Klinghard PLLC, we explain Tennessee divorce law to our clients and walk them through every stage of the legal process, providing practical, situation-specific guidance at every turn. Making the right choices early on can have a huge impact on your rights and on setting a positive tone for the next stage of your life. Schedule a consultation today to hire a divorce lawyer.
