Tennessee Divorce Records

Divorce is the legal process that terminates a marriage and helps resolve issues related to the division of assets, alimony, and child custody. In Tennessee, the divorce process follows specific legal procedures outlined in Title 36, Chapter 4 of the Tennessee Code. The court issues a divorce decree detailing the terms of the separation, including property division and visitation rights. This decree is a binding legal document that formalizes the end of the marriage and outlines the obligations and rights of both parties. Tennessee recognizes both fault-based and no-fault grounds for divorce.

Divorce records in Tennessee are generally considered public records. They are accessible to anyone who requests them, subject to privacy considerations. Divorce records are maintained by the Clerk of the Circuit of Chancery Court in the county where the divorce was filed. The records are accessible online, in person, or by mail, depending on the county. As of 2022, the divorce rate in Tennessee stood at 3.0 divorces per 1,000 residents, which is higher than the national average of 2.4 divorces per 1,000 persons.

What are Divorce Records?

Divorce records in Tennessee are the official documents that record the legal dissolution of a marriage. Divorce records, created and finalized in court, provide a detailed account of the proceedings and terms of the divorce.

Divorce records are maintained for several reasons. For instance, they serve as legal proof of the termination of a marriage. Divorce records document the distribution of marital property and assets. Divorce records are references for future legal matters, such as remarriage or name change. Furthermore, marriage records outline information, such as child custody arrangements and child and spousal support orders. Divorce records contribute to public records, ensuring transparency and legal accountability.

The process of creating a divorce record starts when one spouse files a petition for divorce at the appropriate Circuit or Chancery County in the county of residence. Both spouses attend a court proceeding to present arguments and evidence related to issues, such as asset division, after which the court issues a final divorce decree formalizing the termination of the marriage.

The Tennessee Department of Health’s Office of Vital Records maintains a central database for vital records, including divorce records. Divorce records are maintained by the County Clerk’s Office in the country where the divorce was filed and finalized. Therefore, each county Clerk of the Circuit of Chancery Court In Tennessee is responsible for storing and providing access to divorce records. Divorce records contain the following information:

Names of the parties to the divorce
The court and county where the divorce was filed
Case number assigned to the divorce case by the court
Date of divorce
Grounds for divorce
Divorce decree, which contains the court’s ruling on issues such as property divisions and alimony
Court orders related to the divorce proceeding

Are Divorce Records Public in Tennessee?

Tennessee has a unique approach to public accessing divorce records. While divorce records are public records in Tennessee, they are not available to everyone. Per Section 68-3-205 of the Tennessee Code, divorce records are part of vital records and are open to the public. However, per the law, divorce records become public after fifty years have lapsed from the date the divorce was finalized. Therefore, divorce records only become public records after 50 years have elapsed. During this period, only eligible persons may access and obtain certified copies of divorce records in Tennessee. They include:

The divorced parties
Legal representatives
Court personnel
Close relatives
Law enforcement agencies

Despite this restriction, some divorce records remain confidential after the 50-year period lapses. These records, sealed by the courts, contain certain sensitive information where disclosure may result in an unwarranted invasion of personal privacy or harm or harassment to the record holder.

Tennessee divorce records can be accessed in person at the Clerk of the Circuit or Chancery Court in the county where the divorce was filed. Some counties also provide online access to divorce records.

Divorce Stats and Rates in Tennessee

The National Center for Health Statistics reports that Tennessee recorded 3.0 divorces per 1,000 residents in 2022. Tennessee's divorce rate is higher than the national average. However, the rate has been on a steady decline. Five years before, in 2017, Tennessee had a divorce rate of 3.5 divorces per 1,000 people. Within the last twenty years, the state recorded the highest divorce rate in 2002 at 5.1 divorce per 1,000 residents. Tennessee's divorce rate is expected to continue to decline in the coming years.

Recent statistics from the Tennessee Department of Health show that the state records up to 28,000 divorces annually. Madison County in Tennessee has the highest rate at 9.9 divorce per 1,000 residents, followed by Montgomery County with a divorce rate of 6.9 divorce per 1,000 people. Roane County and Jackson County report the lowest divorce rates at 0.6 and 0.8 divorces per 1,000 residents.

Grounds for Divorce in Tennessee

In Tennessee, the grounds for divorce fall into two categories: No-fault grounds and Fault-based grounds. Per Section 36-4-101 of the Tennessee Code, the following are the grounds for divorce in the state:

No-Fault Grounds

In a no-fault divorce, neither spouse has to prove that the other did something wrong to cause the breakdown of the marriage. The common no-fault grounds include:

Irreconcilable differences
Both parties have lived separately for upwards of two years and have not lived together within that period

Fault-Based Grounds

In a fault-based divorce, one spouse alleges that the other spouse's misconduct caused the breakdown of the marriage. The common fault-based grounds for divorce include:

Adultery
Either party entered into the marriage with a previous marriage still existing
Wilful or malicious desertion or absence of a spouse for a year without reasonable cause
The spouse has attempted the life of the other by poison or any other means showing malice
The spouse is guilty of cruel treatment, making cohabitation unsafe
Habitual drunkenness or abuse of narcotic drugs
Conviction of felony
Either party at the time of marriage knowingly entered into it impotent or incapable of procreation
Bigamy
Conviction of a crime that renders the person infamous
Abandonment, refusal, or neglecting to provide for the spouse, although able to do so
Inappropriate marital conduct
The woman is pregnant at the time of marriage by another without the husband's knowledge
Incurable mental illness

How to File for Divorce in Tennessee

Tennessee is a no-fault state, meaning either party does not have to prove fault or blame for the breakdown of the marriage. The most common cause of divorce in the state is irreconcilable differences. The process of filing for divorce in Tennessee begins with fulfilling certain requirements, including:

One spouse must meet the residency requirement of living in the state for at least six months
The divorce must be based on no-fault or fault-based grounds

After meeting these requirements, the individuals may file for divorce. The divorce process begins by obtaining the necessary forms from the Clerk of Court or Chancery Court Office in the county where the party resides. Court-approved divorce forms are available online through the Tennessee Administrative Office of the Courts. Complete the form and file the Petition. The court will issue a summons, which is served to the other spouse. The spouse must respond within 30 days. The divorcing couple may attempt to reach an agreement on issues like child custody, child support, and property division through negotiation or mediation. Where negotiation fails, the case proceeds to trial. The court then issues a final divorce decree outlining the terms of the divorce.

Tennessee Divorce Decree

Tennessee's divorce decree is a legal document issued by the court that finalizes the dissolution of a marriage. Divorce decrees outline the terms and conditions agreed upon by the parties and the decisions made in court. Typically, they include asset division, debts, child custody, name change, and child and spousal support. The divorce decree is a legal document binding on both parties. It ensures that both parties adhere to the court's decisions. Divorce decrees are used as precedence for future legal matters.

In Tennessee, divorce decrees are not publicly available. Only the divorcing parties, their close relatives, legal representatives, court personnel, and law enforcement agencies may access divorce decrees. Certified copies of a divorce decree are available at the Clerk of the Court in the county where the divorce was finalized.

How to Find and Access Tennessee Divorce Records

Please note the following ways to access divorce records:

Offline Access

Per Tennessee law, divorce records are confidential and become publicly accessible after 50 years from the date of the divorce decree. However, eligible persons may access divorce records at the Tennessee Department of Health. The office provides access to divorce records from 1974 to date. The office also issues verification letters of divorce from 1968 to the present. Divorce records over 50 years old are available through the Tennessee State Library and Archives.

Online Access

The Circuit or Chancery Court Clerks offices across Tennessee provide access to divorce records finalized in their county. To access the records, visit the office in person or search online if the county has an online database of divorce records. Some counties may permit mail requests for divorce records.

Third-Party Access

Third-party websites offer access to Tennessee divorce records for a fee. These platforms while they may offer access to Tennessee divorce records may provide incomplete, inaccurate, or outdated data. Also, sharing personal information with these websites may expose the user to identity theft and other risks.

References

Counties in Tennessee

List of Content

What are Divorce Records?
Are Divorce Records Public in Tennessee?
Divorce Stats and Rates in Tennessee
Grounds for Divorce in Tennessee
1. No-Fault Grounds
2. Fault-Based Grounds
How to File for Divorce in Tennessee
1. Tennessee Divorce Decree
How to Find and Access Tennessee Divorce Records