If you are comparing Tennessee divorce paperwork, first check whether the state’s agreed-divorce packets fit your situation. Choosing “with children” or “without children” comes next. Agreement alone does not qualify you for these forms.
The Tennessee Supreme Court has approved two sets of divorce forms. Both have limits on property, retirement accounts and other issues. This checklist helps you choose which packet to review, or recognize when you need a different approach. It does not cover every document for every Tennessee divorce. Start with the official divorce forms overview, then read the entire packet before completing it.
Can you use either packet
Check all of these before choosing a version:
- You both want the divorce and agree on all its terms, including property, debts and any alimony. You will both sign the Divorce Agreement.
- Neither spouse owns buildings or land, whether jointly or individually.
- You and your spouse do not have a joint mortgage.
- Neither spouse owns a business.
- Neither spouse has retirement benefits or a retirement account other than Social Security.
- Neither spouse is pregnant.
The official eligibility overview describes the property, business and retirement restrictions. The packets add pregnancy and other case-specific screens. These are restrictions on using these particular forms, not a rule that people with a home or a retirement account cannot get divorced in Tennessee.
Hypothetical example: You rent an apartment, have no children and agree to keep your own accounts. One spouse nevertheless has a 401(k) through work. Keeping that account in that spouse’s name does not remove the packet’s retirement restriction. Do not select the no-children packet simply because nobody is asking to divide the account.
Which children belong in the decision
The packet’s definition is broader than “children under 18.” It includes children you had together before marriage and all children born or adopted during the marriage. For packet selection, check whether any of those children are under 18, still in high school or disabled.
- If there are no children in those categories, review the no-children packet, subject to its other requirements.
- If there are, review the with-children packet, including its additional exclusions.
Hypothetical example: Your child turned 18 in August but is finishing high school. Do not choose the no-children packet based only on the birthday.
What else must you check before choosing
Residence and county. The no-children instructions allow either a six-month Tennessee residence route for at least one spouse or a route based on both spouses living in Tennessee when they decided to divorce. The with-children instructions also require the children’s Tennessee residence: either at least one spouse lived here with them for the past six months, or both spouses lived here when deciding to divorce and the children have lived here for at least six months. Read Form 1 and the full instructions; a recent move or an uncertain county is a reason to get legal advice before filing.
Children and existing orders. The with-children instructions exclude a case where a child born during the marriage has a different biological father and has not been adopted by both spouses. They also exclude cases where a nonparent has a custody or visitation order. Form 1 also says you cannot use these forms if another court case could affect custody or visitation of a child, or if either spouse has been part of a current court case about these minor children. Seek legal advice rather than assuming your agreement resolves these issues.
Safety and military service. If you are afraid to disagree with your spouse, cannot locate your spouse or have questions about military-service answers, get legal help rather than guessing which forms to use. The packet instructions identify situations requiring legal advice. The court’s legal-help resources are a starting point.
These checks come from the official no-children instructions and with-children instructions. Passing a short checklist is not a substitute for answering every question in your packet accurately.
Which paperwork should you look for in the packet
Once you have selected a suitable packet, use its own instructions to assemble the documents. Matching form numbers do not make the two versions interchangeable.
- Form 1 — Request for Divorce. This is the complaint that asks the court for the divorce.
- Form 2 — Spouses’ Personal Information. Follow the instructions for placing it in an envelope rather than treating it like an ordinary public attachment.
- Form 3 — Request to Postpone Filing Fees and Order, if needed. This requests permission to pay later; it is not an automatic cancellation of court costs.
- Form 4 — Health Insurance Notice. The instructions say to file it and send a copy to your spouse by certified mail, even if the form must explain that you have no insurance or are not on each other’s coverage.
- Form 5 — Divorce Agreement. Both spouses must sign and notarize it.
- Form 6 — Final Decree of Divorce. Do not confuse this proposed final order with Form 7 — Court Order for Divorcing Spouses, which sets restrictions both spouses must obey.
- Divorce Certificate and hearing paperwork. Obtain the official certificate from the clerk and ask about its deadline. Follow the packet and local instructions for Form 8 — Notice of Hearing and any other scheduling forms.
Use the instructions in your selected packet to check signatures, notarization, copies and filing sequence. Do not sign a document that requires notarization before you are with the notary.
What does the with children route add
Parents need more than a Divorce Agreement. The packet requires a Parenting Plan and Child Support Worksheet; attach the completed plan to Form 5 and file them together. Agreement on support still must comply with Tennessee’s Child Support Guidelines.
Use the current Tennessee parenting plan forms and Department of Human Services calculator and worksheet resources. Do not choose a support number simply because it fits both parents’ budgets, or reuse an old calculator without checking for updates.
Ask whether Form 9 — Wage Assignment Order and Form 10 — Title IV-D Child Support Information Form apply. These are not automatically required in every case; state benefits or existing child-support involvement can matter. The with-children instructions explain when to ask the clerk or DHS. Parents with minor children also must attend parent education unless the court excuses them; confirm how to document completion.
What should you confirm locally before filing
Ask the clerk which court and division will handle the case, the current filing fee, accepted filing methods, and whether a cover sheet, summons or local scheduling form is needed. Ask how the hearing is set and who must attend. The statewide packets describe a final hearing; an agreement does not justify assuming you can finish without one.
Local paperwork can add to the statewide list. For example, the Davidson County Circuit Court Clerk’s forms page lists parenting-plan financial documentation and local hearing forms. That is a reason to check your own court’s current instructions, not to copy Davidson County’s documents into every Tennessee filing.
Before filing, put the selected packet’s full checklist beside your documents. Confirm that every factual answer is accurate, required signatures and notarizations are complete, and the local requirements have been checked. If a restriction rules you out, ask a Tennessee family-law attorney or legal-aid provider which documents fit your situation instead of editing the restriction out.
If you are considering paid document preparation, review the GetDivorcePapers Tennessee page and ask customer support what the service includes before purchasing. Neither a paid service nor a downloaded packet replaces legal advice about eligibility or your rights.
This article provides general information, not legal advice. Court forms and local procedures can change.
