Tennessee courts decide divorce outcomes based on equitable distribution principles, prioritizing the child’s best interests for custody and evaluating need, duration of marriage, and fault for alimony. No major legislative changes to divorce laws occurred in 2026.​
Child Custody Process
Courts award sole or joint custody using the best interest standard from Tenn. Code Ann. § 36-6-106, considering factors like parental fitness, child adjustment, and each parent’s willingness to foster the child’s relationship with the other parent. Joint custody is favored when feasible, but sole custody goes to the primary residential parent if evidence shows it’s better for the child; no presumption exists for mothers or fathers. Temporary custody orders can issue early, with modifications requiring substantial changed circumstances.​
Alimony Determination
Tennessee recognizes four alimony types—transitional, long-term, short-term, and in solido—awarded based on need and ability to pay, marriage length, earning capacity, and fault like adultery or abuse. Long-term alimony typically requires a marriage over 12 years or significant disparity; courts aim for economic equity post-divorce without guaranteeing a standard of living. Fault impacts awards, but cohabitation by the recipient can terminate ongoing support.​
Court Decision Factors
Equitable property division considers contributions to marriage, economic disadvantage, and dissipation of assets, not always 50/50 splits. Residency requires six months generally, or less if grounds occurred in-state; uncontested irreconcilable differences divorces finalize faster (60-90 days) with agreements. Permanent parenting plans must detail schedules, holidays, and decision-making.​
