You can file for divorce in Tennessee if you or your spouse lived in the state for at least six months. If you or your spouse is a service member of the U.S. military who is stationed in Tennessee (with permanent residence in a different state), you can file for divorce once you have been a resident for at least one year prior to filing.
Efficient Uncontested Divorce in Franklin, TN
Tennessee allows “no-fault” divorces, which means a couple agrees that there are irreconcilable differences between them, and their marriage cannot be repaired. Although the spouses may agree to end the marriage without blaming each other, it is not uncommon for them to disagree on certain terms of divorce (e.g., child custody, child support, alimony, property division, etc.).
Understanding No-Fault Divorce in Tennessee
Filing for divorce in Tennessee involves a structured legal process that requires attention to detail and adherence to state laws. The following steps provide a general overview of how to file for divorce in the state:
- Residency Requirements: At least one spouse must have lived in Tennessee for at least six months before filing for divorce. If children are involved, they should have resided in the state for six months as well.
- Grounds for Divorce: Tennessee recognizes both fault and no-fault grounds for divorce. No-fault grounds usually involve irreconcilable differences, while fault grounds encompass issues like adultery, cruelty, abandonment, and more.
- Prepare Required Documents: Draft a Complaint for Divorce, which outlines the grounds for divorce, property division, child custody, and support matters. This document must be filed in the appropriate county's circuit or chancery court.
- Filing the Complaint: File the Complaint for Divorce with the court clerk and pay the filing fee. If you cannot afford the fee, you can request a waiver based on financial hardship.
- Service of Process: Serve the divorce papers to the other spouse. This can be done through a process server, sheriff, or a waiver of service if the other party agrees.
- Response from the Other Party: The other spouse has 30 days to respond to the Complaint. If they don't respond, the divorce may proceed as uncontested.
- Discovery and Negotiation: Both parties exchange information about finances, assets, and other relevant matters. Negotiations can occur to reach agreements on property division, alimony, child custody, and support.
- Mediation: If disputes arise, mediation may be required to settle disagreements before proceeding to court.
- Finalizing the Divorce: If both parties agree on all terms, the court will review and approve the settlement. If not, a trial will be scheduled, and a judge will make decisions on unresolved matters.
- Decree of Divorce: Once all matters are resolved, the court will issue a Decree of Divorce, officially ending the marriage.
Navigating the divorce process in Tennessee can be complex, and legal assistance is recommended. Consulting with an experienced Franklin divorce attorney at Julia E. Stovall Attorney at Law can provide guidance, ensure compliance with state laws, and protect your rights throughout the proceedings.
Contested vs. Uncontested Divorce in Tennessee
There are two main types of divorce in Tennessee: contested divorce and uncontested divorce. A contested divorce means that the spouses disagree on one or more divorce-related issues, while an uncontested means the couple agrees on all divorce-related matters.
An uncontested divorce generally takes anywhere from two to six months, whereas a contested divorce can last years. After a divorce is filed in TN, there is a mandatory cooling-off period. If you have children, the cooling-off period is 90 days. If you don’t have children, it’s 60 days.
Essentially, an uncontested divorce is much faster and less expensive compared to a contested divorce, mainly because a contested divorce may result in court litigation. However, couples involved in a contested divorce may reach a final agreement outside of court through divorce mediation, in which an unbiased third party encourages the couple to communicate and helps them resolve their differences. If a couple cannot reach an agreement through mediation, then a judge will ultimately decide the issues in court.
At Julia E. Stovall Attorney At Law, our Franklin divorce attorney can thoroughly examine your marital and financial situation to determine all your available legal options, as well as guide you through the complexities of the divorce process in Tennessee. I pride myself in providing all my clients with compassionate and personalized legal solutions because I understand that each case and family has their own set of unique circumstances.
Schedule a Consultation with a Trusted Franklin Divorce Attorney
My priority is to always help clients resolve their divorce disputes in the most amicable way possible. I want clients to be able to preserve their relationships and move forward with peace of mind. This is why I have received additional training to become a Rule 31 Listed Family Mediator, so I can better serve my clients and their needs.
My skills and experience as a family mediator have helped thousands of families reach favorable solutions to their divorce issues, without having to go to court. If you are interested in working through your issues using mediation, feel free to get in touch with me.
