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Tennessee Separation Agreement Template

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Tennessee Separation Agreement Template

Updated August 11, 2023

A Tennessee separation agreement empowers spouses in a marriage to set enforceable rules for the time period when they are no longer living together as a couple but are not divorced. As with divorce, couples can set rules for alimony, child support, and other matters, but unlike a divorce, the process is not final.

Tennessee, like most other states, recognizes legal separation as a distinct legal status that couples can petition a court to grant.

Is a Separation Agreement Legal in Tennessee?

Yes, spouses are empowered to develop separation agreements on their own and can also seek legal separation from a court.

Source: § 36-4-102

Legal Separation Requirements

  • Filing Fee: $200 if the case involves minor children, $125 if it does not (Divorce Case)
  • Residency: If the actions cited as cause for separation occurred while the plaintiff (filing spouse) was a resident, then the petition may be filed at any time; if not, then either spouse must be a resident for the six months prior to filing (§ 36-4-104)
  • Where to File: In the court with jurisdiction over the county where the filing spouse lives, or for the county where the couple lived when they separated. The choice of court varies by county, and the filing spouse must ask the court clerk whether the petition will be heard by a Circuit, Chancery, or General Sessions court.

Related Forms

Postnuptial Agreement

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Marital Settlement Agreement

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