[TN] [TN] I’m helping my sister file for an interstate divorce. How do I do this?
They have not signed any agreement. They are both in their 80s and have been married about 6 1/2 years. She moved back home to TN for health reasons, and he does not want to move with her. Basically, I believe she will keep what was hers and he will keep what was his.
No minor children. No major assets. She does have some savings and stock that she had going into the marriage. We are not sure what debts he has. She has no debts.
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Since they haven’t signed an agreement yet, that’s the first hurdle. Even if they have verbally agreed, a written and signed Marital Dissolution Agreement (MDA) is required for an uncontested divorce in Tennessee.
Because they live in different states, having a clear, written agreement is even more important.
A few points:
1. Tennessee still requires the court to approve the division of property
- Even with no children and minimal assets, the judge must approve the agreement.
2. Separate property vs. marital property
- Because she had savings and stock before marriage, those may be separate property, but if marital funds contributed to them, some portion may be marital.
3. Debt concerns
- Tennessee divides marital debt equitably. (TN Code § 36-4-121) She is right to worry — debts incurred by him during the marriage may be considered marital, even if only in his name. This must be addressed in the MDA.
4. Service of process
- Since he is in Kentucky, he must be properly served with the divorce papers unless he signs a notarized waiver.
5. Filing location
- You would file with the Williamson County Circuit Court Clerk.
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Are the divorce forms on this site all that is needed to file for a divorce in Williamson County, TN? Would we go to the County Court Clerk or somewhere else?
I understand you’re looking for divorce forms for Williamson County, TN. Have you and your spouse already agreed on all the terms of the divorce?
I am doing this for my sister who is in assisted living in TN. Her husband is in KY and doesn’t want to move to TN. They have discussed this and I think they will agree.
Have you both been residents of Williamson County, TN for at least 6 months prior to filing for divorce?
She has been a TN resident for over 2 years.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with filing for divorce in Williamson County, TN.
No.
Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.
The forms are likely all you need to file for divorce in Williamson County, TN. However, divorce cases can be complex, even when the parties agree. You’d typically file the divorce petition with the Circuit Court Clerk in Williamson County.
Since her husband is in Kentucky, there might be additional steps regarding jurisdiction and service of process.
Let’s discuss this in more detail so I can provide a more thorough response.
Has a marital settlement agreement already been prepared and signed by both parties?
Are there any minor children involved?
Are there significant assets or debts to be divided?
Thanks. No, they have not signed any agreement. They are both in their 80s and have been married about 6 1/2 years. She moved back home to TN for health reasons, and he does not want to move with her. Basically, I believe she will keep what was hers and he will keep what was his.
No minor children. No major assets. She does have some savings and stock that she had going into the marriage. We are not sure what debts he has. She has no debts.
Since they haven’t signed an agreement yet, that’s the first hurdle. Even if they have verbally agreed, a written and signed Marital Dissolution Agreement (MDA) is required for an uncontested divorce in Tennessee.
Because they live in different states, having a clear, written agreement is even more important.
A few points:
1. Tennessee still requires the court to approve the division of property
- Even with no children and minimal assets, the judge must approve the agreement.
2. Separate property vs. marital property
- Because she had savings and stock before marriage, those may be separate property, but if marital funds contributed to them, some portion may be marital.
3. Debt concerns
- Tennessee divides marital debt equitably. (TN Code § 36-4-121) She is right to worry — debts incurred by him during the marriage may be considered marital, even if only in his name. This must be addressed in the MDA.
4. Service of process
- Since he is in Kentucky, he must be properly served with the divorce papers unless he signs a notarized waiver.
5. Filing location
- You would file with the Williamson County Circuit Court Clerk.
This sounds more complicated than just filing papers. Should we get a lawyer, or can they just list his/her assets and sign it? Is there a way for me to print this conversation?
She plans to collect the rest of her personal belongings and furniture that she had before the marriage. Is that OK to do before filing for divorce? Then she will have it in her possession.
I think one of her big concerns is that he may have accumulated some debt since she has been in TN and she doesn't want to be responsible for it.
1. Yes, it is more complicated than just filing forms
You can technically file without a lawyer, but the risks are higher because:
- Property and debt must be properly classified.
- The agreement must meet TN legal standards.
- TN judges can reject an MDA that is unclear or unfair.
- Given the interstate issue, age, health, and concerns about debt, consulting a lawyer would be wise — but not mandatory.
2. Can they just list assets and sign?
They can, but it must be drafted as a proper Marital Dissolution Agreement, not just a list. It must also be signed and notarized.
3. Can she take her belongings before filing?
Generally yes, if:
- They are clearly her separate property (owned before marriage).
- He agrees or does not object.
If anything is disputed or could appear shared, it’s safer to wait or document everything carefully.
4. Her concern about his debt is valid
This is one of the biggest reasons to have a proper MDA drafted.
Tennessee may consider any debt acquired during the marriage as marital unless:
- It was solely for his benefit
- OR the MDA assigns that debt to him
Without a formal agreement, creditors do not care whose name is on the divorce decree — they can come after either spouse.
5. Printing this conversation
Yes — use your browser’s Print function (Ctrl+P or Cmd+P).
I can't think of anything else now. Thanks so much for your help.
TJ, Esq.
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