How to File for Divorce in Shelby County Tennessee | Jones Law Firm
How to File for Divorce in Shelby County, Tennessee
Divorce cases in Shelby County are filed in either the Circuit Court or the Chancery Court. Both have jurisdiction over divorce. The procedural requirements are the same. Here is what you need to know before you file.
Residency Requirement
To file for divorce in Shelby County, Tennessee, at least one spouse must have been a bona fide resident of the state for six months immediately preceding the filing of the complaint. If the grounds for divorce arose in Tennessee, the residency requirement may be waived. If you have not yet met the six-month threshold, we can advise you on timing.
The Complaint for Divorce
The divorce process starts with a Complaint for Divorce filed with the Shelby County Clerk. The complaint identifies both parties, states the grounds for divorce, and requests the relief you are seeking: property division, custody, support, and so forth. The complaint must be served on your spouse through a process server or by certified mail.
Temporary Orders
If you need immediate relief, such as exclusive use of the marital home, temporary custody, temporary child support, or a restraining order preventing the dissipation of marital assets, we can file for temporary orders at or shortly after the time of filing. These are not permanent; they govern the parties’ conduct while the divorce is pending.
The Automatic Injunction
When a divorce complaint is filed in Tennessee, an automatic injunction goes into effect against both parties. It prohibits either party from: disposing of marital assets outside the ordinary course of business; canceling, modifying, or allowing insurance policies to lapse; making extraordinary expenditures without consent or court approval; and removing minor children from the state without consent or court order. Violation of the injunction can result in contempt.
From Filing to Final Decree
After the complaint is filed and served, the other spouse has 30 days to file an Answer. Discovery proceeds. Mediation is required before trial in contested cases. If the case settles, the MDA and Parenting Plan are submitted for the court’s approval. If it does not settle, it is set for trial. See our main divorce page for a full overview of the Tennessee divorce process.
William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.