Divorce, Annulment and Alimony - As introduced, states that a divorce proceeding shall not be stayed or delayed due to the pregnancy of one of the parties if the court can determine or both parties can agree to stipulate as to whether the other party is the parent of the unborn child and, if applicable, the court enters an agreed parenting plan and child support order. - Amends TCA Title 36.

114th Regular Session (2025-2026) Introduced by London Lamar

Tennessee divorce can proceed without delay due to pregnancy if parental status is determined or agreed, and a parenting plan plus child support can be entered.

Failed in Senate Judiciary Committee

#annulmentandalimony #divorce

Purpose and intent

The bill adds a provision to Title 36 (Divorce) to prevent a divorce proceeding from being stayed or delayed solely because one party is pregnant.

The triggering condition is that the court can determine, or the parties can stipulate, whether the other party is the parent of the unborn child.

If applicable, the bill allows the entry of an agreed parenting plan and child support order as part of the divorce process.

Key provisions

New statutory addition (Tennessee Code Annotated, Title 36, Chapter 4):

A divorce proceeding must not be stayed or delayed due to the pregnancy of one party.
The court may proceed if: 1) The court can determine whether the other party is the parent of the unborn child; or 2) Both parties can agree to stipulate as to parental status.
If relevant, the court may enter:
An agreed parenting plan, and
A child support order.

Who or what would be affected

Affects divorce proceedings in Tennessee where one party is pregnant.

Potentially impacts:

Courts handling divorce cases by allowing continued proceedings and finalization without delay for pregnancy.
Parties seeking a divorce who may wish to finalize arrangements (parenting plan and child support) promptly.
The process of establishing parental status for an unborn child, if relevant to the case.

Private costs borne by the parties (as opposed to state fiscal impact), with no anticipated significant change in the number of divorces or parenting plans.

Procedural and timeline details

Effective date: The act takes effect upon becoming law (immediate upon enactment).

Legislative history:

Introduced in January 2026.
Passed first consideration (House and Senate actions shown in the record).
Senate action: Placed on Senate Judiciary Committee calendar for February 17, 2026; later noted as “Failed in Senate Judiciary Committee” on February 17, 2026.

Sponsors:

Primary sponsor: Senate Bill 1770 author Lamar.
Co-sponsor: House Bill 2584 author Chism; Senate sponsor Lamar; Co-sponsor London Lamar.

Fiscal impact

Fiscal note indicates: Not significant.

Assumptions in fiscal note:

The change affects private costs (court proceedings, parenting plan, and child support arrangements) rather than creating substantial state fiscal costs.
No anticipated substantial increase in the number of divorces or parenting plans.
No significant fiscal impact to the state.

Practical takeaway

If enacted, Tennessee law would allow divorce proceedings to move forward without waiting for the outcome of a pregnancy, provided the court can determine parental status or the parties stipulate it, and it would allow the entry of an agreed parenting plan and child support order as part of the divorce process. The current legislative history shows the bill did not advance past the Senate Judiciary Committee in the 114th session.

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