Tennessee has two kinds of no-fault divorce. The first kind is Irreconcilable Differences, which is often referred to as an agreed divorce. This is found in T.C.A. Section 36- 4-101(a)(14). This requires that the parties enter into an agreed Marital Dissolution Agreement that divides the entire marital estate, which includes real estate, retirement benefits and all personal property, alimony, etc. If there are children, then the parties must also enter into an agreed Permanent Parenting Plan. This consists of the co-parenting time, child support and decision making. There can be no areas of disagreement. Once the documents are signed and then filed with the Court, there is a 90 day waiting period if there are children and a 60 day writing period if there are no children. The Court can approve the divorce after the waiting period has expired. Some judges will require a short court hearing prior to approving the divorce and signing the Final Divorce Decree. This kind of divorce is not available unless the parties agree on all issues.
The second kind of no-fault divorce in Tennessee is available it there are no minor children and the parties have lived separate and apart and have not cohabitated for at least a two-year period and there are no minor children of the marriage. This is found in T.C.A. Section 36-4-101(a)(15). An agreement between the parties is not necessary as the Court can divide the martial property if the parties cannot agree.