Tennessee Divorce Records: Official Certificates, Decrees, and Search Options
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Divorce records in Tennessee are the official documents issued by Tennessee's state or county courts to certify that a marriage has been legally dissolved. They're used for a variety of reasons, including:
- As legal proof that a marriage ended in Tennessee, this is essential for updating a person's marital status, sorting out financial and property issues, remarriage, and inheritance.
- Researchers and genealogists use these records to trace family histories, particularly if they changed over time.
- Lenders and employers may also use divorce records for verification purposes when reviewing someone's legal or financial background.
The procedures for requesting and accessing vital records, such as divorce records, vary from state to state; hence, Tennessee's procedures may differ from those used in other states.
Divorce in Tennessee: In 2023, Tennessee reported approximately 22,000 divorces, with approximately 11% of adults aged 18 and older being divorced. The divorce rate for Tennessee in 2023 was 2.9 per 1000, according to the CDC National Center for Health Statistics.
Official Types of Divorce Documentation in Tennessee
In Tennessee, there are several official types of divorce documentation, from a simple proof-of-fact document to a lengthy, detailed, legal record. Distinctions between them lie in who issues the record and what it may be used for. The following are the forms of divorce documentation in Tennessee.
Divorce Certificate: This is issued by the Tennessee Department of Health, Office of Vital Records. This is a proof-of-fact record used for administrative purposes to show the divorce occurred. It is commonly used for name changes, remarriage, and insurance updates. Typically, it does not contain sensitive details, such as reasons for the divorce, child custody arrangements, or monetary settlements.
Divorce Decree/Final Judgment: This document is issued by the Clerks of the Chancery Court or the Family Division of the Circuit Court, depending on the county where the divorce was granted. It serves as the legal enforcement and a binding court order that outlines the responsibilities of the parties to the divorce. It is typically used to enforce the terms of the divorce, including alimony, child support, and property division.
Divorce Case File: This is the official court record of the divorce. It is also in the custody of the Clerk of Courts. It provides the complete history of the divorce case. It contains all documents from the case, including pleadings, motions, orders, transcripts, and affidavits. It is generally used for financial discovery, modifying court orders, legal appeals, and research.
|
Document Type |
Issued By |
Primary Purpose/Use |
Contents |
|---|---|---|---|
|
Divorce certificate |
Tennessee Office of Vital Records |
Proof of fact. Administrative purposes and as proof that the divorce occurred. |
|
|
Divorce Decree/Final Judgment |
Clerk of Courts for the County where the case was heard |
Legal Enforcement. Used to enforce the terms of the divorce |
|
|
Divorce Case File |
Clerk of Courts for the County where the case was heard |
Complete unaltered history of the case. Used for historical research and modification |
|
Public Access and Confidentiality of Tennessee Divorce Records
Accessing divorce records from Tennessee typically depends on the type of record and its custodian. Divorce records from the Tennessee Vital Records Office are confidential until 50 years after the divorce. Until the time limit has passed, only certain authorized people may access it. Only the parties on the certificates, their parents, adult children or grandchildren, and their legal representatives may request these records from the vital records office. To ask for the divorce record, they typically are required to provide a valid government-issued ID and proof of their relationship to the person(s) named on the record.
Divorce court case files are generally public records that may be accessed by anyone under the Tennessee Public Records Act (Tenn. Code Ann. §10-7-503 et seq). There are no eligibility requirements to request court files, but any information restricted under the Public Records Act is typically removed or redacted. Sensitive information, including the following, may be prohibited from public access.
- Financial information, such as account numbers and tax returns
- Financial affidavits
- Information concerning minor children and court-appointed guardians
- Medical records or mental health records
- Social Security Numbers
- Home addresses (in certain protection order matters)
Authorized persons may obtain divorce records maintained by the Tennessee Department of Health from its Office of Vital Records, located at:
Tennessee Vital Records Office
1st Floor, Andrew Johnson Tower
710 James Robertson Parkway
Nashville, TN 37243
What Information Do Tennessee Divorce Records Include?
A divorce record typically contains detailed information about the parties involved and the court process that documented the legal end of the marriage. While the main information may be similar, the exact format of a record may vary based on the type of record or the county where it was issued. For example, a divorce decree issued by the state vital records office is typically short and contains a simple set of information; a divorce decree from the county clerk typically includes the full legal judgment and all settlement information.
The following are examples of the information found in Tennessee divorce records.
- Case Identification information: This is information about the divorce case, including the Case number
- The names of the parties: The full names and addresses of both parties (petitioner and respondent) who are getting divorced
- Court Details: The county Chancery or Circuit Court where the divorce was filed and finalized
- Type of divorce: This shows if the divorce was contested or uncontested and the grounds for the divorce(adultery, irreconcilable differences, etc.)
- Marriage details: The date, city, county, and state where the marriage occurred, and the date of separation
- Filing and judgment details: The date when the original petition was filed and when it was finalized
- Financial details: This is a detailed list of income, assets, debts, tax returns, and business valuations to be considered during the divorce.
- Core settlement terms: These detail property, asset, and debt division, alimony, and name change conditions.
- Child-related information: This includes the names and birthdays of minor children, the Permanent Parenting Plan (PPP), child support order, and child support calculations.
- The Permanent Parenting Plan (PPP): This mandatory standalone document is required in divorces involving minor children. It is very detailed and covers everything in the child's life from their daily schedule to how major decisions, such as education and healthcare, are handled.
- Marital Dissolution Agreement (MDA): During an uncontested divorce, the spouses negotiate and sign an MDA that details all their terms of agreement, which is incorporated into the final decree, making it a court order.
Procedures for Locating Divorce Records in Tennessee
The primary options for locating divorce records in Tennessee are the state vital records office, which provides certified divorce certificates, and the clerk of the court in the county where the divorce was granted, who issues the divorce decree and maintains the case files. Many counties also offer online portals for searching and accessing divorce records. The cost of these options differs by provider, while state-issued records have a fixed fee, county-level documents often vary by county and have separate copy and certification fees.
|
Record Source |
Office or Platform |
Years Covered |
Access Type |
Fees |
|---|---|---|---|---|
|
State Vital Records Office |
Tennessee Department of Health, Office of Vital Records |
1970 to the present |
Certified divorce certificates |
$15 per copy |
|
Judicial Branch Search Portal |
Tennessee Judicial Branch. Tennessee CaseFinder search Portal. Individual county clerk sites. |
These typically vary according to the county |
Online search and document access for divorce decrees |
Viewing the record may be free. Physical copies typically cost a per-page printing fee |
|
County Clerk of Courts |
In Person at local Chancery / Circuit / Clerk and Master's Office |
very long from the present to the historical archives |
Certified copies of divorce decrees and complete divorce case files |
May vary by county. Certification and printing typically cost per page fees |
|
State Library and Archives |
Tennessee State Library and Archives (TSLA) |
Historical records that typically predate the 1970s |
Old records for genealogical and historical research |
$5 for a five-year search range, $5 for the first 20 pages, and $5 for certification |
How to Request Certified Copies of Divorce Records in Tennessee
A certified copy is an official copy of a divorce record that is signed and stamped by the issuing authority. This verifies the record as a true and correct copy of the original. Certified copies may be used for all legal and administrative purposes, such as changing a name on a social security account and proving marital status for a remarriage license, as if it were the original document.
There are two types of certified divorce records: the certified divorce certificate and the certified divorce decree, issued by the vital records office and the county clerk's office, respectively. Generally, eligible persons may obtain these records by following the steps below.
To obtain the divorce certificate from the Tennessee Vital Records Office, take the following steps.
- Step 1: Determine Your Eligibility. The vital records office only issues divorce certificates to specific eligible individuals, such as the parties named on the record, their legal representatives, immediate family or legal guardian, and someone with a court order.
- Step 2: Submit a request. Download an Application for a Certified Copy of a Certificate of Divorce or Annulment (PH-1671). Complete the form and have it notarized, or add a copy of a valid government-issued ID showing your signature.
- Step 3: Submit the form and pay fees. The form may be submitted in person or by mail to:
Tennessee Vital Records
Andrew Johnson Tower, 1st Floor
710 James Robertson Parkway
Nashville, TN 37243
If submitting by mail, include a copy of the ID and a check or money order for $15 payable to Tennessee Vital Records.
To request a certified divorce decree from the county clerk of court, follow this process.
- Step 1: Identify and locate the correct custodian. Divorces in Tennessee are granted in a state trial court, either a county chancery court or circuit court, depending on the county where it was filed and settled.
- Step 2: Locate the contact information for the Clerk of Court in that county. It is advisable to visit the clerk's website or call ahead to confirm important information, such as their location and office hours, fees for copies and certification, and accepted payment methods.
- Step 3: Visit the clerk's office in person or mail a written request. To help the staff locate the divorce record, provide the full names of both parties to the divorce and the date the divorce was finalized. The divorce case number, if available, would speed up the process.
Some clerks of court may also have an application form for vital record requests.
- Step 4: Pay the required fees. The fees for copies may vary by county, but are generally affordable. Typically, counties charge around $0.50 per page and an additional $5 to certify the record.
|
Copy type |
Where to request |
Who may Request |
Legal Use |
|---|---|---|---|
|
Certified divorce certificate |
Tennessee Department of Health, Office of Vital Records |
Parties named on the record, legal representatives, and immediate family with proof |
Proof of divorce for legal and administrative purposes. |
|
Certified divorce decree |
County Clerk of Courts(Circuit or Chancery Court) |
Anyone who goes through the public record requests process and pays fees. |
Enforcement of the terms of divorce, such as child and spousal support, custody, and property division. |
|
Informational copy |
Office of Vital Records |
Anyone who fills and submits the Application for Verification of Divorce or Annulment Facts (PH-3332) and pays fees. |
Genealogical and historical research. Cannot be used for any legal or administrative purposes. |
Why Search for Divorce Records in Tennessee?
Tennessee divorce records may be required for a variety of legal, administrative, and practical reasons. Generally, these may fall into the categories of people requiring simple verifications of divorce events and others requiring detailed legal information about the dissolution.
Interested parties may seek divorce records for certain legal and administrative proceedings, such as remarriage license applications, to prove a previous marriage was legally ended before entering a new one or to determine rightful heirs and beneficiaries of an estate and prevent will contests impacting inheritance rights. A party seeking to change or modify the terms of a divorce must also reference and provide the original divorce decree.
Professional and business due diligence may also require accessing divorce records. Attorneys need to obtain and review the whole divorce case file to provide legal advice or prepare for a new case and any after-divorce litigation, such as appeals or modification of terms. Financial institutions and lenders may review divorce records to understand how a loan applicant's financial obligations, such as child or spousal support, affect their creditworthiness and ability to pay back the loan.
Divorce records may also be required for personal record-keeping and verification. An individual involved in a divorce may simply need a new copy to replace a lost document. Family historians may also use divorce records to chart the family history and genealogy.
How Long Are Divorce Records Kept in Tennessee?
In Tennessee, divorce records are considered permanent court records and are typically retained indefinitely. The retention method may differ slightly depending on whether it is the state-level divorce certificate or the county-level court records.
The Tennessee Department of Health, Office of Vital Records, is required by law to retain a central repository of vital records, including divorce certificates, permanently. These are considered significant historical records and are maintained indefinitely. Older records, typically 50 to 100 years old, are moved to the Tennessee State Library and Archives (TSLA), where they are stored for continual preservation and genealogical research.
Divorce decrees and case files in the custody of the county clerks of court are designated for permanent retention by law. Although the exact mode of storage differs by county, older case files are often stored in county archives located in courthouse basements or off-site storage facilities. Many counties have begun digitizing their archives and implementing online search portals for their records.