You can get an “agreed divorce” in Tennessee if your spouse and you meet some requirements. You can get an agreed divorce without the help of a lawyer and the requirements are:
As per the Tennessee law, the grounds for a contested divorce are as below:
Preparing the DocumentsTo file for divorce in Tennessee, you must fill out the necessary forms, which you can get on the Tennessee court website or you can also get hard copies from the local court. Some of the forms need to be signed by you or/and your spouse in front of the notary public. When the “plaintiff” files a “Petition for Divorce” or a “Divorce Complaint”, the divorce process begins in Tennessee. And, the other spouse is called the “defendant.” Once the forms are completed and signed, take 2 (additional) copies of all documents. The original will be kept by the court, while one copy should be kept by you for your records and one copy to be given to your spouse. Documents Needed for Filing for DivorceYou must complete the following forms:
Filing Your FormsYou must make 2 copies of all the documents and file them with the court clerk at the chancery or circuit court in your county along with the filing fee. When you file the divorce complaint and summons, then the divorce proceedings start. If you cannot pay the filing fee, then you can file a Request to Postpone Filing Fees and Order and if this is approved, then you won’t have to pay the fee at the time of filing; however, you may have to pay the fee when your case ends. When you file your papers, the court clerk will give you a case number, which must be written on all the divorce documents. In case your spouse agrees, you can send the papers by mail; however, for this, your spouse must sign a “Waiver of Service”, which must be filed with the court. If you don’t know your spouse’s location, then you can publish a legal notice of your divorce in a newspaper that is selected by the court. Contested Divorce (Costly)If your spouse and you do not agree on some or all of the issues pertaining to your divorce, then your case will go to trial, where it will be heard by a judge. The judge will hear all the witness testimonies, review all the evidence and then take decisions on the issues of your case. Usually, in the case of a contested divorce, you will have to employ the services of a divorce lawyer, who will fight the case on your behalf. Usually, contested divorces are drawn out, take a long time and are also quite expensive. Uncontested Divorce (Least Costly)In Tennessee, the option of uncontested divorce is available if your spouse and you don’t have children together. In addition, your spouse and you should not own any property, business of retirement benefits that require to be divided between both of you. Usually, uncontested divorces are also known as simplified or agreed divorces as both spouses have an agreement on all the issues of the divorce, there are fewer forms to fill and the filing fees are also less compared to a traditional divorce. And, to qualify for an uncontested divorce, your spouse and you must meet all the criteria that have been discussed earlier under “agreed divorces”. However, if your spouse and you are unable to agree on any of the issues regarding your divorce or if any of the criteria does not fit your case, then you will not qualify for an uncontested divorce in Tennessee. DIY divorce (Slower & Least Expensive)If you decide to go in for a DIY divorce without the assistance of a lawyer, then you can download the various forms needed to file for divorce on the Tennessee court website. The website also has a document that explains in details about how to go about seeking an “agreed divorce”, the criteria required and the process. The documents that you must fill out depends on your individual situation; however, there are some standard forms for all types of divorces that you must fill. Both your spouse and you must also complete the “Divorce Agreement”, where you must mention how you will be dividing the property. Online Divorce Services (Fast & Inexpensive)There are several forms that must be filled out when you’re filing for divorce and the type of forms vary according to your situation. It is not very surprising that you can feel quite overwhelmed with the number of forms to be filled and there may be several legal terms that may have you completely confused. In such a case, you can use the services of an online divorce service, who will identify the appropriate forms according to your personal situation, and will ensure that you fill out the right forms correctly. Our favorite service and the best reviewed is 3StepDivorce which we mentioned above. You simply answer questions and the service will automatically fill out the correct forms and someone will review your paperwork to make sure that everything is good to go. By using these services, you will save time and money by avoiding mistakes that can cause delays in your divorce process. All you need to do is print out the completed forms and file them with the appropriate courthouse. Online services can make things quite easy for you and they are much quicker and less expensive too. Hire a Divorce Attorney (Expensive)Your divorce case will go to trial and will be heard by a judge, if your spouse and you are not able to agree on the various issues regarding your divorce such as property and debt division, child custody and support, spousal support, etc. Usually, divorce trials take a long time to be completed and can be very expensive too because you will have to hire a divorce lawyer who will present the case, evidence, witnesses, etc. on your behalf in court. Property divisionIn a Tennessee divorce, only marital property is divided between the spouses, while separate property is not and Tennessee is an “equitable distribution” state, i.e. the court will divide the property classified as marital property equitably. According to Tennessee law, each spouse will retain his/her separate property and while dividing the marital property, the court will consider the following factors:
When the court divides the property between spouses, it considers the separate property of each spouse. If the separate property of one spouse is significantly more. Then the other spouse is likely to get more of the marital property. As per the Tennessee law, it is possible for the separate property or any appreciation of the property to become marital property if the spouse who does not own the property can prove that both the spouses had contributed substantially to the appreciation and preservation of that property. Also, there are two ways by which separate property can become marital property in Tennessee, i.e. commingling and transmutation. ComminglingWhen separate property is mingled inseparably with marital property or with separate property belonging to the other spouse, commingling occurs. If any separate property is considered as marital property, then the presumption arises that a gift of separate property has occurred to the marital estate. TransmutationWhen any separate property is treated in a way to offer evidence that it is marital, this is known as transmutation. AlimonyIn Tennessee, there are 4 kinds of alimony – rehabilitative alimony, alimony in futuro, transitional alimony and alimony solido.
You can discuss with your attorney about which kind of alimony is applicable to your divorce. The court will consider the following factors when deciding the alimony to be paid:
Child CustodyOur in-depth article on Tennessee child custody has everything parents need to know and helpful tips about navigating the custody process. Once the Request for Divorce is filed, you need to wait for 60 days before the divorce hearing is scheduled. If required, you must also complete the Notice of Hearing to Approve Irreconcilable Differences Divorce and send a copy of this to your spouse. However, if the waiting period is more than 180 days after the Divorce Agreement form was signed, then you will be required to file a new form. On the scheduled date and time, you must make an appearance in court with the copies of all your forms. The presence of only the spouse who has filed for divorce is necessary, although it is better to have both spouses present. You must answer the questions of the judge regarding your marriage, separation, etc. In the case that the divorce is approved but your spouse was not present, then you must mail the Divorce Order copy to him/her. Once the Divorce Order is issued, both spouses have 30 days in which they can appeal the Divorce Order and so, you must wait until 30 days have passed before you can get remarried or buy a new property. In Tennessee, a no-fault, uncontested divorce takes at least 60 days to be completed. If you have children, then the waiting period is around 90 days from the date that the Divorce Petition was filed. However, the time for the divorce to be finalized depends on when the final hearing is scheduled. Both your spouse and you must attend the divorce hearing and if all your forms have been filed properly and the Divorce Decree is reasonable, then the judge will sign it and your divorce will be final. Can you get a divorce without a lawyer in TN?In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.
How much does it cost to file divorce papers in Tennessee?In Tennessee, this fee ranges from $205 to about $280, depending on the county. The fee is required to be paid when the plaintiff submits the divorce documents to the Clerk of the Courts. You pay the filing fee, and the clerk assigns the case a case number officially initiating the divorce process.
How do I file for divorce for free in Tennessee?Free Divorce Forms for Couples with NO Children. Both spouses must agree on all parts of the divorce.. You and your spouse need to agree that you have “irreconcilable differences”. One or both of you must have lived in Tennessee for the last six months or when the decision to divorce was made.. How long do you have to be separated before divorce in TN?There is no requirement that you have to be separated from your spouse before you file for divorce in Tennessee unless you use the "two years separation with no minor children" grounds for divorce.
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