Divorce is never just a legal process—it’s an emotional, financial, and life-changing experience. If you’re thinking about ending a marriage in Tennessee, one of the first questions you’re likely to ask is:
“How long will my divorce take?”
The answer depends heavily on Tennessee’s divorce waiting period, a rule that surprises many people. Tennessee has one of the most clearly defined waiting periods in the U.S., and understanding it early can save you stress, time, and unrealistic expectations.
This article explains Tennessee divorce laws related to the waiting period in simple terms. Whether you’re an individual considering divorce or a legal professional looking for client-friendly content, this guide will walk you through how the waiting period works, why it exists, and how it affects your case.
What Is the Divorce Waiting Period in Tennessee?
The waiting period is the minimum amount of time that must pass between filing for divorce and the court finalizing it. Even if both spouses agree on everything, Tennessee law requires couples to wait before the divorce can become official.
The idea behind this rule is to give couples time to reconsider, especially when children are involved.
Tennessee Divorce Waiting Period: The Basic Rule
Tennessee law sets two different waiting periods, depending on whether the couple has minor children.
- Divorces Without Minor Children
- Waiting period: 60 days
- Starts from the date the divorce complaint is filed
- Divorces With Minor Children
- Waiting period: 90 days
- Also starts from the filing date
This means no Tennessee divorce can be finalized immediately, even if:
- Both spouses fully agree
- There is no dispute over property
- The divorce is uncontested
The court cannot legally grant the divorce until the waiting period has passed.
Why Does Tennessee Have a Waiting Period?
Tennessee lawmakers designed the waiting period to serve a few key purposes:
- Encouraging Thoughtful Decisions
Divorce affects finances, children, and long-term stability. The waiting period gives couples time to reflect instead of making decisions in emotional moments.
- Protecting Children
When children are involved, the state requires extra time to ensure parenting plans and custody arrangements are well thought out.
- Reducing Court Regret
Courts aim to avoid situations where couples finalize a divorce and immediately regret it.
Whether or not you agree with the policy, it’s a firm part of Tennessee divorce law.
Does the Waiting Period Mean You Do Nothing?
Not at all.
Many people assume the waiting period is just “dead time,” but that’s not true.
During the waiting period, you can:
- Exchange financial documents
- Negotiate property division
- Create parenting plans
- Work out child support and alimony
- Attend mediation
- Prepare final settlement paperwork
In well-organized uncontested cases, everything is often ready the moment the waiting period ends.
Can the Tennessee Divorce Waiting Period Be Waived?
This is a very common question.
Short Answer: No, in most cases
Tennessee courts rarely waive the waiting period, even when:
- Both spouses agree
- There is urgency
- One spouse wants to remarry quickly
The waiting period is considered mandatory, not optional.
Extremely Limited Exceptions
In very rare circumstances involving extreme hardship, a court may move faster, but these cases are uncommon and not guaranteed.
For most people, planning around the waiting period is the only realistic option.
Uncontested vs Contested Divorce: Does It Change the Waiting Period?
Uncontested Divorce
- Spouses agree on all issues
- Waiting period still applies (60 or 90 days)
- Divorce can be finalized immediately after the waiting period ends
Contested Divorce
- Disagreements on property, custody, or support
- Waiting period applies, but the divorce often takes much longer
- Court hearings and negotiations can stretch the case to months or even years
👉 Important note:
The waiting period is the minimum time, not the total time.
When Does the Waiting Period Start?
The waiting period begins when the Complaint for Divorce is officially filed with the court, not when:
- The spouse is served
- The couple separates
- Verbal agreements are made
This makes filing early an important strategic decision, even if negotiations continue afterward.
How the Waiting Period Affects Parents
If you have children, Tennessee law requires extra care during divorce.
90-Day Waiting Period With Children
This extra time allows:
- Development of a permanent parenting plan
- Consideration of the child’s best interests
- Thoughtful custody and visitation decisions
Parents are often required to attend parenting education classes, which can be completed during the waiting period.
Can You Live Separately During the Waiting Period?
Yes.
Tennessee does not require couples to live together during the waiting period. Many spouses:
- Live separately
- Establish temporary custody schedules
- Arrange temporary financial support
Temporary court orders can be issued during this time if needed.
Is Legal Separation an Alternative to the Waiting Period?
Some people ask whether legal separation avoids the waiting period.
The answer is no.
Legal separation follows a similar timeline and does not eliminate the divorce waiting requirements. It may help with structure and finances but does not speed up divorce finalization.
How Long Does a Tennessee Divorce Really Take?
Here’s a realistic breakdown:
Fastest Possible Timeline
- No children: Just over 60 days
- With children: Just over 90 days
Typical Timeline
- Uncontested divorce: 2–4 months
- Contested divorce: 6 months to over a year
The waiting period is only one piece of the timeline.
Tips for Handling the Waiting Period Wisely
Whether you’re an individual or advising clients, these strategies help:
- File Early
The waiting period doesn’t start until filing happens.
- Use the Time Productively
Prepare agreements instead of waiting passively.
- Avoid Emotional Delays
Arguments and emotional decisions often slow things down more than the law itself.
- Get Legal Guidance Early
Even in uncontested cases, early legal advice prevents mistakes that cause delays later.
Common Myths About Tennessee Divorce Waiting Periods
Myth 1: If both spouses agree, the waiting period doesn’t apply
❌ False
Myth 2: Judges can shorten it easily
❌ False
Myth 3: The waiting period means you can’t negotiate
❌ False
Myth 4: Divorce is final automatically after 60 or 90 days
❌ False — court approval is still required
Why Law Firms Emphasize the Waiting Period to Clients
From a legal practice perspective, the waiting period is critical because:
- It sets realistic client expectations
- Prevents frustration and complaints
- Helps with accurate case timelines
- Encourages better preparation and settlement planning
Educated clients make better decisions—and smoother cases.
Final Thoughts: Understanding Tennessee’s Divorce Waiting Period
Tennessee’s divorce waiting period can feel frustrating, especially when both spouses are ready to move on. But understanding it early helps reduce stress and disappointment.
Whether your divorce is simple or complex, the waiting period is:
- Mandatory
- Predictable
- Manageable with proper planning
By using this time wisely, many couples are able to finalize their divorce smoothly the moment the law allows.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Divorce laws can change, and individual situations vary. Always consult a qualified Tennessee divorce attorney for advice specific to your circumstances.