Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Tennessee, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same legal rights and processes for divorce as opposite-sex couples. This means that the grounds for divorce, division of property, alimony, and other aspects of the divorce process apply equally regardless of the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent's parental rights may not be automatically recognized. This can become complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, the court will consider various factors to determine the child's best interests, but the non-biological parent may need to take legal steps to establish parental rights, such as adoption, to ensure custody considerations are on equal footing with biological parents.