If you and your spouse agree on the end of the marriage and the major terms of separation, an uncontested divorce is the fastest, least expensive, and least stressful way to finalize it. Brooks Law Firm handles uncontested and agreed divorces for Memphis and Shelby County clients — drafting the paperwork, preparing the marital dissolution agreement and parenting plan, and walking the case through to a final decree. Call (901) 324-5000 to discuss your situation.
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What Is an Uncontested Divorce?
In Tennessee, an uncontested divorce is one where the spouses agree on every material issue and sign a written Marital Dissolution Agreement (MDA) setting out those terms. If there are minor children, the spouses also sign an Agreed Permanent Parenting Plan. The court reviews the documents, and — after the mandatory waiting period — enters a Final Decree of Divorce without the parties having to fight anything out in court.
Most uncontested divorces in Tennessee are filed on the no-fault ground of irreconcilable differences, under T.C.A. § 36-4-101(a)(14). Both spouses must sign off on irreconcilable differences — one spouse alone cannot force a no-fault divorce on this ground.
Is Your Divorce a Good Candidate for the Uncontested Track?
An uncontested divorce works when you and your spouse can agree — in writing — on all of the following:
- That the marriage should end. Both spouses sign the MDA and consent to the divorce.
- Division of marital property. Who keeps the house (or whether to sell), who takes which vehicles, how retirement accounts and bank accounts are split, who gets which furniture and personal property.
- Division of marital debt. Who pays which credit cards, loans, and the mortgage (if any).
- Alimony. Whether there will be any spousal support, what type, how much, and for how long — or a waiver of alimony.
- Children (if any). A parenting schedule, decision-making authority, child support, health insurance, and tax claim allocation — documented in an Agreed Permanent Parenting Plan.
If you can agree on those categories — even if you need help structuring the agreement — your case is usually a good fit for the uncontested track. If you disagree on any of them, the case is contested, and the process is different. Call us to discuss which track fits your situation.
Tennessee Requirements at a Glance
- Residency: At least one spouse must have lived in Tennessee for six months before filing, under T.C.A. § 36-4-104. (Exceptions exist for active-duty military and for emergencies involving domestic violence.)
- Waiting period — no minor children: 60 days from the date of filing before the court can enter the Final Decree.
- Waiting period — with minor children: 90 days from the date of filing.
- Parent education seminar: Required for couples with minor children — a court-approved four-hour class that must be completed before the final hearing. Available in person and online.
- Venue: In Shelby County, uncontested divorces are typically filed in Circuit Court or Chancery Court.
The waiting period is a firm statutory minimum — even with a complete agreement signed on day one, the court cannot finalize the divorce earlier than 60 (or 90) days from the filing date.
The Process — Six Steps
1. Initial Consultation
We meet to discuss your situation, the issues to be addressed in the MDA, and whether the case is genuinely a good fit for the uncontested track. We quote a flat fee or an hourly estimate based on the complexity.
2. Information Gathering
We collect the information needed to prepare the paperwork — date of marriage, current addresses, children’s names and dates of birth, a list of assets and debts, income documentation (for child support and alimony calculations), and any existing court orders.
3. Drafting the Agreement
We prepare the Complaint for Divorce, the Marital Dissolution Agreement, and the Agreed Permanent Parenting Plan (if children are involved). You and your spouse each review the drafts and confirm the terms before signing.
4. Filing
Once both parties sign, we file the documents with the court clerk. The 60- or 90-day waiting period begins the day of filing. For couples with children, this is when the parent education seminar is scheduled.
5. Waiting Period
Sixty or ninety days during which the court cannot yet grant the divorce. No hearings, no further filings are typically required. If either spouse has second thoughts, this is the window to pause or withdraw — once the decree is entered, undoing it is much more difficult.
6. Final Decree
After the waiting period, we submit the proposed Final Decree of Divorce to the court. In most Shelby County uncontested cases, the decree is signed by the judge without a hearing. If a brief hearing is required, it typically takes only a few minutes. The divorce is final on entry of the decree.
What We Handle
- Complaint for Divorce and related pleadings
- Marital Dissolution Agreement (MDA)
- Agreed Permanent Parenting Plan
- Child support worksheets under the Tennessee Child Support Guidelines
- Deed preparation and title work for transfers of real estate between spouses
- Qualified Domestic Relations Orders (QDROs) for dividing retirement accounts where needed
- Final Decree of Divorce and submission to the court
- Referrals to approved parent education seminar providers
Fees
We typically handle uncontested divorces on a flat-fee basis so you know the cost up front. The fee depends on whether there are minor children, real estate to transfer, retirement accounts to divide, or any unusual complexity. Court filing fees and any required court costs are billed separately and paid directly to the clerk.
Call us for a specific quote based on your situation.
Common Questions
Do both spouses need a lawyer?
No. In an uncontested divorce, one attorney drafts the paperwork for the case. The drafting attorney represents the spouse who files — typically the plaintiff. The other spouse signs the agreement after having a fair opportunity to review it, and is encouraged to consult with independent counsel if they wish. One attorney cannot represent both sides.
Do we have to appear in court?
In most Shelby County uncontested cases, no. The judge enters the decree based on the written submissions. If a brief appearance is required, it is usually short and scheduled at a convenient time.
How fast can it be finalized?
No sooner than 60 days from filing (no minor children) or 90 days (with minor children). In practice, most uncontested divorces are finalized within two to four weeks after the waiting period ends, depending on the court’s schedule.
Can we change our minds during the waiting period?
Yes. Either spouse can withdraw consent to the MDA before the final decree is entered. If that happens, the case either becomes contested or is dismissed.
What if we mostly agree but have one issue we can’t resolve?
That is one of the most common situations we see. Often, targeted mediation or a single focused negotiation resolves the last issue and allows the case to proceed as uncontested. If not, the case is filed as contested and litigated only on the narrow point of disagreement.
What happens to the house, retirement accounts, and cars?
Whatever you agree to in the MDA. Tennessee is an equitable distribution state — marital property is divided fairly, not automatically 50/50. In an uncontested divorce, you and your spouse decide the split yourselves; the court simply approves your agreement as long as it is not unconscionable.
What if my spouse is in the military?
Military divorces have additional protections under the Servicemembers Civil Relief Act and unique rules for dividing military retirement under the Uniformed Services Former Spouses’ Protection Act. These issues can still be handled in an uncontested case, but the MDA needs to be drafted with those rules in mind. Let us know at the initial consultation if either spouse is active-duty or retired military.
When an Uncontested Divorce Is Not the Right Fit
An uncontested divorce is not appropriate if any of the following apply:
- There has been domestic violence or abuse, or either spouse is afraid of the other.
- One spouse is hiding income, assets, or debts.
- The parties substantially disagree about custody, support, alimony, or property.
- One spouse refuses to participate.
- There are complex business interests, significant retirement or deferred compensation assets, or substantial separate property claims that require formal discovery or expert valuation.
If any of these describes your situation, the contested divorce process exists precisely to protect the party with less information or less bargaining power. We handle contested divorces as well — call to discuss which track is right for your case.
Ready to Start the Process?
Most uncontested divorces can be ready for filing within a week or two of the initial consultation, once both spouses have signed the MDA. The sooner you begin, the sooner the waiting period clock starts.
Call (901) 324-5000 Email the Firm
Contact the Firm
Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
Email: patrick@patrickbrookslaw.com
Brooks Law Firm represents divorce clients throughout Shelby County and the surrounding West Tennessee area. Consultations are confidential and arranged by telephone or in person at our Midtown Memphis office. Se habla Español.
Disclaimer: This page provides general information about Tennessee uncontested divorce procedure current as of 2026 and is not legal advice. Reading this page does not create an attorney-client relationship. Statutory citations reflect the Tennessee Code; amendments and court rule changes after the date of this page may affect specific provisions. Every case is different. If you are considering divorce, contact a qualified Tennessee family law attorney about the specific facts of your matter. Attorney advertising.