Divorce is a major life change, and one of the most common—and stressful—questions we hear is, “How long will this take?”
When clients come to our Nashville offices, they want clarity, certainty, and a path forward. The timeline for a divorce in Tennessee is not one-size-fits-all; it is a direct function of state law, the complexity of your case, and most importantly, the level of agreement between you and your spouse. As experienced Nashville divorce attorneys, we can explain the essential factors that govern your case’s timeline and how our firm strategically works to manage it.
The Absolute Minimum: Tennessee’s Mandatory Waiting Period
The most straightforward factor in any Tennessee divorce is the statutory waiting period. No matter how much you and your spouse agree, the court cannot finalize your divorce until this mandatory “cooling-off” period has passed.
- No Minor Children: The shortest possible timeline is 60 days from the date the initial Complaint for Divorce is filed.
- With Minor Children: If you share any children under the age of 18, the waiting period extends to 90 days from the date the Complaint for Divorce is filed.
This is the fastest any divorce can be completed, even if you and your spouse signs documents before those dates. If you come to Rogers, Shea & Spanos with all your agreements in place—a fully executed Marital Dissolution Agreement (MDA) and a Permanent Parenting Plan (if applicable)—we can often secure a final hearing scheduled to coincide closely with the end of that 60- or 90-day mark, which begin from the date a divorce is filed.
The Reality of an Uncontested Divorce: Three to Five Months
While the statutory minimums are 60 and 90 days, even a smooth, uncontested divorce (where all issues are resolved by agreement before or immediately after filing) typically takes slightly longer while settlement documents such as the Marital Dissolution Agreement, Permanent Parenting Plan, Child Support Worksheets, and Final Decrees of Divorce are drafted, finalized, and executed.
How Rogers, Shea & Spanos’ Nashville Attorneys Expedite Uncontested Cases:
- Drafting and Review: We take the time to properly draft all necessary documents (MDA, Permanent Parenting Plan, Child Support Worksheet, and Final Decree). Ensuring these documents are legally sound and comprehensive is a critical step that not only prevents delays later but ensures clients’ rights are protected.
- Court Schedule: We coordinate with the assigned judges’ calendars for your brief final hearing or submit necessary paperwork to waive these hearings in counties that allow a divorce to be finalized without personally appearing in Court.
- Mandatory Education: If you have children, both parents must complete a state-mandated parenting seminar, which must be completed before the judge will sign the Final Decree.
- Notice of Insurance Coverage: By Tennessee law, a specific Notice regarding health insurance coverage must be submitted in any divorce case. The form is simple to complete, but it must be filed prior to a divorce being finalized or entered by the court.
By proactively managing these details, we strive to finalize an uncontested case within three to five months.
The Contested Divorce: A Variable Timeline (6 to 18+ Months)
The moment you and your spouse cannot agree on a single issue—whether it is custody, child support, asset division, or alimony—your case becomes contested, and the timeline can extend dramatically. In contested Nashville divorces, a typical case may take 6 to 18 months, and highly complex or high-conflict matters can take two years or more.
Key Factors That Extend the Timeline:
- Discovery: This is the formal information-gathering stage, involving written interrogatories, requests for production of documents, and even subpoenas to uncover full financial details and other necessary facts. This process alone can take 60–120 days. Even after initial disclosures, discovery does have to be supplemented at times.
- Temporary Orders: Early in the case, the court may need to hold temporary hearings to set the ground rules for the duration of the divorce (who stays in the house, temporary custody plans, payment of bills). Preparing for and attending these hearings adds time.
- Mandatory Mediation: In Tennessee, nearly all contested cases are required to attend mediation, where both parties and their attorneys meet with a neutral Rule 31 mediator to negotiate a settlement. Scheduling and preparing for mediation can take one to three months, but mediation often serves as the best opportunity to settle your contested case before it reaches trial.
- The Court Calendar: If a case proceeds to trial, you must schedule your trial in an available slot on the Davidson County Circuit Court calendar, which can often mean waiting many months for an available date. Furthermore, Courts want to ensure that cases are sufficiently prepared for the trial before setting dates, so matters such as discovery, mediation, depositions, etc., need to be complete before dates can be provided.
Our Expertise: Strategically Managing Your Timeline
At Rogers, Shea & Spanos, our experience in Nashvile (Davidson County) and Middle Tennessee courts allows us to navigate these complexities efficiently. We do not just react to the timeline; we actively manage it. We help you by:
- Front-Loading Documents: Gathering and organizing all required financial and custody documents early to reduce discovery delays.
- Focusing on Settlement: We prioritize effective negotiation and targeted mediation to resolve disputes outside of the slow-moving court system.
- Protecting Your Interests: We ensure that even as the process moves, temporary orders are in place to secure your finances and maintain stability for your children.
While we cannot change state law, we can and do use our expertise to ensure your divorce progresses as swiftly and smoothly as possible while aggressively protecting your best interests to the best of our abilities given the facts and your positions in your case.
If you are considering divorce and need a clear, realistic assessment of your timeline, contact our Nashville divorce lawyers today for a confidential consultation in our Nashville office.