Fayette County Divorce Records
How To Find a Divorce Record In Fayette County in 2026
FayetteCountyRecords.org provides access to publicly available information related to divorce records in Fayette County, Tennessee. Members of the public may find case numbers, filing dates, party names, and final decree information through official court and state resources. Available record categories include dissolution of marriage filings, final judgments, parenting plans, property settlement agreements, and post-judgment modification orders. Access and completeness of records may vary depending on the age of the case and applicable confidentiality protections.
Records may be searched through official resources including the Fayette County Circuit Court Clerk's office, public access terminals at the courthouse, the Tennessee Administrative Office of the Courts online portal, and the Tennessee Department of Health's vital records system.
Online Searches
1. Clerk of Court Case Search
The Tennessee Administrative Office of the Courts maintains the Tennessee Court Case Search portal, which allows members of the public to search divorce case information by party name or case number at no charge. Basic case information — including filing date, case status, and docket entries — is available without a fee. Copies of actual documents require payment of applicable per-page fees.
2. State Court System Portal
The Tennessee Courts online portal provides a consolidated statewide search across multiple jurisdictions, including Fayette County Circuit Court. This system is the primary digital tool for locating divorce case records filed in Tennessee courts.
3. State Vital Records
Tennessee registers divorce certificates through the Tennessee Department of Health, Office of Vital Records. The state has maintained divorce records since 1945. Divorce certificates issued by the state contain limited information compared to full court case files and are subject to applicable fees.
In-Person Searches
Clerk of Court — Fayette County Circuit Court:
Fayette County Circuit Court Clerk
One Court Square, Suite 100
Somerville, TN 38068
Phone: (901) 465-5213
Fayette County Tennessee
- Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
- Services available in person:
- Search case files by party name or case number
- View documents at public access terminals
- Request certified copies of final decrees and orders
- Staff assistance for locating records
Records Department:
The Circuit Court Clerk maintains both active and archived divorce case files. Historical records predating electronic filing may be stored in paper format and may require additional retrieval time. Certified copy requests for archived cases are accepted at the clerk's office counter.
By Mail
Written Request:
- Mail to: Fayette County Circuit Court Clerk, One Court Square, Suite 100, Somerville, TN 38068
- Include the following with each request:
- Full legal names of both parties
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
- Requestor's full name and contact information
- Purpose of request, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope for return of documents
- Processing time: Requests are processed within 1–2 weeks, subject to volume and record availability.
By Phone
Limited Information Available:
- Fayette County Circuit Court Clerk: (901) 465-5213
- Staff may confirm:
- Whether a case exists in the system
- Case number and filing date
- Current case status
- Staff cannot provide:
- Detailed document contents by phone
- Copies of filed documents
- Confidential or restricted information
Through Attorneys
Members of the public involved in complex divorce matters may engage a licensed Tennessee attorney to access court records, including documents that may be subject to restricted access. The Tennessee Bar Association Lawyer Referral Service connects individuals with qualified family law attorneys. Attorneys of record in a case have full access to all filed documents, including those subject to limited public access.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Tennessee
- Names of minor children
- Names of attorneys of record, if known
Search in Correct County
Pursuant to Tennessee Code Annotated § 36-4-104, a divorce action must be filed in the county where either spouse resides at the time of filing. Members of the public who are uncertain of the filing county may need to search multiple counties. A divorce cannot be located by searching the county where the marriage ceremony occurred unless one spouse also resided there at the time of filing.
Residency Requirement:
Under current Tennessee law, at least one spouse must have been a bona fide resident of Tennessee for a minimum of six months prior to filing for divorce. The action is filed in the county of that spouse's residence.
Time Considerations
Recent Divorces:
- Records may not appear in online systems immediately following a final hearing
- Allow several business days to several weeks for processing after the final order is entered
- Court staff can confirm whether a final judgment has been entered
Older Divorces:
- Cases predating electronic filing may be archived in paper format
- Digitization of older records varies; some may require manual retrieval
- Allow additional processing time for archived case requests
What If You Cannot Find a Record
Common Issues:
- Incorrect county of filing
- Name variations between married and maiden names
- Spelling differences in party names
- Case still pending and not yet finalized
- Very old records stored in off-site archives
- Case sealed by court order
Next Steps:
- Contact the Circuit Court Clerk at (901) 465-5213
- Attempt alternate name spellings
- Search under both spouses' names
- Check the Tennessee Department of Health vital records system
- Consult a licensed Tennessee family law attorney
What Are Fayette County Divorce Records?
Fayette County divorce records are official court documents generated during and after divorce proceedings filed in the Fayette County Circuit Court. These records constitute part of the public court file and are maintained by the Circuit Court Clerk as the primary custodian. The complete case file encompasses all documents filed from the initial petition through final judgment and any subsequent post-judgment proceedings.
Types of Divorce Records:
Court Case Files include the petition for dissolution of marriage, the respondent's answer or counterpetition, financial affidavits, parenting plans, marital settlement agreements, motions, court orders, and transcripts of court hearings.
Final Decree of Divorce is the official court order that legally dissolves the marriage. It establishes the date of dissolution, division of marital property, alimony or spousal support arrangements, child custody and timesharing provisions, child support orders, and any court-approved name changes. Certified copies of the final decree are available through the Circuit Court Clerk.
Supporting Documents filed in the case record may include the original marriage certificate, financial disclosure statements, property inventories, business valuations, parenting plan details, and any post-judgment modification orders entered after the original decree.
Purpose of Divorce Records:
Divorce records serve numerous legal and personal purposes, including:
- Proof of marital status for remarriage
- Documentation for legal name change
- Property transfer and title documentation
- Estate planning and beneficiary designations
- Immigration proceedings requiring proof of prior marriage dissolution
- Social Security benefit determinations
- Genealogical and family history research
Who Maintains Divorce Records:
The Fayette County Circuit Court Clerk is the primary custodian of all divorce case files. The Tennessee Department of Health, Office of Vital Records maintains statewide divorce certificates for dissolutions recorded since 1945, though these certificates contain more limited information than the full court case file.
Legal Framework:
Divorce proceedings in Tennessee are governed by Tennessee Code Annotated § 36-4-101 et seq., which establishes the grounds for divorce, procedural requirements, and the court's authority to divide marital property and award support. Public access to court records is governed by Tennessee Supreme Court Rule 26 and the Tennessee Public Records Act, Tennessee Code Annotated § 10-7-503, which establishes the presumption that court records are open to public inspection.
Are Fayette County Divorce Records Public?
Divorce records filed in Fayette County Circuit Court are public court records subject to the Tennessee Public Records Act. Members of the public may inspect and obtain copies of most documents in a divorce case file. However, certain categories of information are restricted, redacted, or sealed pursuant to court rules and state law.
What Is Public:
- Case number and filing date
- Names of parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and docket entries
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all public filings pursuant to Tennessee Supreme Court Rule 26
- Bank account and credit card numbers are redacted
- Detailed tax returns may be subject to limited access
- Salary and income details may carry partial restrictions
Children's Information:
- Names and addresses of minor children may be redacted or restricted
- Schools children attend are not disclosed in public records
- Medical and psychological evaluations of children may be sealed
- Guardian ad litem reports are subject to restricted access
- Child custody evaluations ordered by the court may be sealed
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence may be sealed
- Mental health and substance abuse treatment records are restricted
- Personal addresses of domestic violence victims are protected
- Medical records incorporated into the case file are subject to HIPAA protections
Sealed Records:
A court may seal all or part of a divorce case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under Tennessee law and are not part of the public record.
Who Can Access Records:
- General Public: May access most case information, view docket summaries, and obtain copies of public documents upon payment of applicable fees. Photo identification may be required.
- Parties to the Case: Have full access to their own case file, including documents subject to restricted public access.
- Attorneys of Record: Have access to all filed documents and may petition the court for access to sealed materials upon a proper showing.
- Researchers and Media: May access public portions of the record; access to sealed records requires a court order. First Amendment considerations apply to news reporting on matters of public concern.
Prohibited Uses of Records:
- Stalking, harassment, or intimidation of any party
- Identity theft or fraud
- Violation of existing protective orders
- Any purpose prohibited by applicable state or federal law
How Much Does It Cost to Get Divorce Records in Fayette County?
The Fayette County Circuit Court Clerk charges standard fees for copies and certified copies of divorce records. Under current Tennessee law, fees for public records copies are governed by the Tennessee Public Records Act and applicable court rules.
Current Fee Structure:
| Service | Fee |
|---|---|
| Plain paper copies (per page) | $0.15 per page |
| Certified copy of final decree | $5.00 per document |
| Certification seal/stamp | Included in certified copy fee |
| Electronic copies (where available) | Varies; contact clerk |
| Search fee | No separate search fee |
- Inspection of records at the courthouse is available at no charge during regular business hours.
- Certified copies of divorce certificates obtained through the Tennessee Department of Health, Office of Vital Records are subject to a separate fee schedule; the current fee is $15.00 for the first copy and $5.00 for each additional copy requested at the same time.
- Accepted payment methods at the Circuit Court Clerk's office include cash, money order, and personal check made payable to the Fayette County Circuit Court Clerk. Credit and debit card acceptance should be confirmed directly with the clerk's office.
- Fee waiver provisions may apply in limited circumstances for indigent parties; a formal request must be submitted to the court.
- Fees are subject to change; members of the public are advised to confirm current fees with the clerk's office prior to submitting a request.
What's Included in Divorce Records in Fayette County
A complete Fayette County divorce case file contains all documents filed with the Circuit Court from the initiation of proceedings through final judgment and any subsequent post-judgment actions. The scope of the file depends on whether the divorce was contested or uncontested and whether children or significant marital assets were involved.
Basic Case Information:
- Case number, court name, and division
- Names of petitioner and respondent
- Judge assigned to the case
- Attorneys of record for each party
- Filing date and case type designation
Initial Pleadings:
The Petition for Dissolution of Marriage sets forth the petitioner's identifying information, the respondent's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for divorce, information regarding minor children, claims regarding marital property, and the relief requested. The Response or Answer states the respondent's position, admissions or denials of the petition's allegations, and any counterpetition for relief.
Financial Affidavits filed by both parties disclose income from all sources, monthly expenses, marital assets (real property, vehicles, bank accounts, investment and retirement accounts, and personal property), and all marital liabilities including mortgages, vehicle loans, credit card debt, and other obligations.
Discovery Documents may include interrogatories and answers under oath, requests for production of financial documents, tax returns, pay stubs, bank and investment account statements, retirement account statements, and business financial records where applicable.
Property-Related Documents:
The marital asset inventory identifies and values all property subject to equitable distribution, including real property, vehicles, financial accounts, retirement accounts, business interests, and personal property of significant value. Appraisals and expert valuations for real property, businesses, and other assets are filed as exhibits.
Children-Related Documents (where applicable):
The Parenting Plan is a required document in all Tennessee divorces involving minor children. It establishes legal custody (decision-making authority), physical custody and primary residence, the regular timesharing schedule, holiday and vacation schedules, transportation arrangements, and provisions for communication between parents and children. The child support calculation worksheet, income information for both parties, and the court-ordered support amount are also part of the record.
Custody evaluations ordered by the court, guardian ad litem reports, and home studies may be included in the case file, though these documents are subject to restricted access.
Settlement Documents:
The Marital Settlement Agreement is a comprehensive written agreement resolving all issues in the divorce, including property division, debt allocation, spousal support terms, and child-related provisions. Where mediation was used, a mediation agreement may be incorporated into or attached to the settlement agreement. Mediation communications themselves are confidential and are not part of the public record.
Court Orders and Final Judgment:
Temporary orders entered during the pendency of the case may address temporary custody, temporary support, temporary use of marital property, and restraining orders. The Final Judgment of Dissolution of Marriage is the court's definitive order ending the marriage. It contains findings of fact, conclusions of law, the date of dissolution, all property division determinations, spousal support orders, child custody and timesharing provisions, child support orders, and any court-approved name restoration. A Qualified Domestic Relations Order (QDRO) is filed separately when retirement accounts are divided.
Post-Judgment Documents (where applicable):
Petitions to modify custody or support, court orders on modification requests, contempt motions, income deduction orders, and enforcement actions are filed in the original case and become part of the permanent case record.
What Is Typically Confidential or Redacted:
- Social Security numbers and financial account numbers (redacted from all public filings)
- Children's residential addresses and school information
- Domestic violence details (may be sealed by court order)
- Mental health and substance abuse evaluations (restricted access)
- Mediation communications (confidential by statute)
- Settlement negotiations not reduced to a filed agreement
How to Get Proof of Divorce in Fayette County
Proof of divorce in Fayette County may be obtained through two primary channels: a certified copy of the Final Judgment of Dissolution of Marriage from the Circuit Court Clerk, or a divorce certificate from the Tennessee Department of Health, Office of Vital Records.
Certified Copy from the Circuit Court Clerk:
A certified copy of the final divorce decree is the most comprehensive and legally recognized proof of divorce. To obtain one:
- Contact the Fayette County Circuit Court Clerk at (901) 465-5213 or visit the office in person at One Court Square, Suite 100, Somerville, TN 38068.
- Provide the full names of both parties and the approximate date of divorce or the case number.
- Submit a written request if requesting by mail, including all identifying information, payment, and a self-addressed stamped envelope.
- Pay the applicable certification fee (currently $5.00 per certified document).
- The clerk will affix the court seal and certifying signature to the copy.
Divorce Certificate from Tennessee Vital Records:
The Tennessee Department of Health issues divorce certificates for dissolutions recorded in Tennessee since 1945. This document provides proof of the legal dissolution but contains less detail than the full court decree.
Tennessee Department of Health, Office of Vital Records
710 James Robertson Parkway, Andrew Johnson Tower, 1st Floor
Nashville, TN 37243
Phone: (615) 741-1763
Tennessee Vital Records
- Requests may be submitted in person, by mail, or online through the state's authorized vendor.
- The current fee is $15.00 for the first certified copy and $5.00 for each additional copy requested simultaneously.
- Requestors must provide the full names of both parties, the county of divorce, and the approximate year of divorce.
- Acceptable forms of identification are required for in-person and mail requests.
Can a Divorce Be Confidential in Fayette County?
A divorce proceeding in Fayette County may be partially or fully confidential under specific legal circumstances. While the presumption under the Tennessee Public Records Act favors public access, Tennessee courts have authority to seal records upon a demonstrated showing of good cause.
Circumstances under which divorce records or portions thereof may be confidential include:
- Domestic violence cases: Addresses and identifying information of domestic violence victims are protected under Tennessee law, and courts may seal related pleadings and evidence.
- Sealed financial records: Tax returns, detailed financial statements, and account information may be subject to restricted access or filed under seal by court order.
- Children's information: Pursuant to Tennessee Supreme Court Rule 26, identifying information about minor children, including residential addresses and school information, is subject to redaction from public filings.
- Mental health and medical records: Records pertaining to mental health evaluations, substance abuse treatment, and medical conditions incorporated into the case file are restricted under applicable state and federal privacy laws.
- Mediation communications: Under Tennessee Code Annotated § 36-4-131, mediation communications in divorce proceedings are confidential and are not subject to public disclosure.
- Court-ordered sealing: Any party may petition the court to seal all or part of the case file. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties.
Members of the public seeking access to sealed records must file a motion with the court and demonstrate a legitimate legal basis for access.
How Long Does Fayette County Keep Divorce Records?
Fayette County Circuit Court divorce records are retained for extended periods consistent with Tennessee's records retention schedules for permanent court records. Under current Tennessee law and the policies of the Tennessee Administrative Office of the Courts, divorce case files are treated as permanent records of the court.
Retention periods by record type include:
- Final Judgments of Dissolution of Marriage: Retained permanently as part of the official court record. These documents do not expire and remain accessible indefinitely.
- Complete case files (active and closed): Retained for a minimum of 10 years following the close of the case for most civil matters; divorce case files involving minor children may be retained longer due to ongoing jurisdiction over child-related orders.
- Archived paper records: Cases predating electronic filing are maintained in paper or microfilm format and may be stored at the courthouse or an off-site archive. Retrieval of archived records may require additional processing time.
- Electronic records: Cases filed electronically are maintained in the court's case management system and are accessible through the Tennessee Court Case Search portal.
- Vital records divorce certificates: The Tennessee Department of Health retains divorce certificate records permanently in the statewide vital records system.
Members of the public seeking records from cases filed many decades ago should contact the Fayette County Circuit Court Clerk directly to confirm availability and retrieval procedures for older archived materials.