Tennessee men’s divorce attorneys provide answers to frequently asked questions with regards to Tennessee divorce laws and how to get a divorce in Tennessee.Here are answers to frequently asked questions about divorce laws in Tennessee
In Tennessee, there are two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. With a contested divorce, the parties cannot agree and must go to trial.
The 13 grounds for a contested divorce in Tennessee are:
It is difficult to estimate the cost of a divorce in Tennessee. For some divorcing couples, the cost is minimal. For others, it is very expensive. Three big factors on the cost of divorce are how your spouse reacts, who your spouse hires, and who your judge is.
You do not have to hire an attorney. However, it is strongly recommended you do. If you are filing for divorce in TN with children, your divorce will forever change your parenting time. A divorce will have a huge impact on your financial planning. You will need the help of a professional to fully understand all your rights and obligations.
Yes. If divorcing spouses do not agree to get divorced, the spouse seeking the divorce must prove grounds.
In Tennessee, we refer to maintenance as “alimony.” There are several different types of alimony. The factors for determining alimony are:
In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:
Tennessee is an “equitable distribution” state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably according to the factors listed in T.C.A. § 36-4-121(c). An equitable division does not always mean an equal division of property. In other words, marital property will not always be divided 50/50. Also, equitable division does not mean each party will receive a share of every piece of marital property.
Yes, you may change your name at the time your divorce decree is entered. In fact, if you think you may want to change your name this is the easiest time to change it.
If a marriage is annulled, the marriage is treated as if it never existed. Marriages can be void or voidable. According to Tennessee divorce laws, a marriage is voidable if: either party is under age; one or both parties lack capacity; there is no consent; fraud; mistake; force; impotency; the woman is pregnant by another; or the marriage is not consummated.
Void marriages are serious violations of public policy. A marriage is void if either of the parties is already married (bigamy), the parties are closely related (incestuous), or if either party has been adjudicated insane at the time of the marriage ceremony.
You can file for divorce at anytime in Tennessee. There is no waiting period in Tennessee.
In Tennessee, if divorcing spouses have minor children a divorce cannot be granted for at least 90 days after the Complaint for Divorce is filed. This is referred to as a “cooling off” period. If the parties do not have minor children, a divorce can be granted 60 days after the Complaint for Divorce is filed.
Not always. If the parties can reach an agreement on all issues, they will “settle.” A settlement can be reached between the parties by exchanging settlement agreements or at mediation. If a settlement is reached, only one spouse will go to court for the final hearing. If an agreement cannot be reached, the parties must go to court.
You cannot remarry until after the divorce has been final for 30 days. After the final hearing, there is a 30-day appeal period. You should not get married until the expiration of this 30-day period.
While many spouses start dating during separation, it is not recommended. You are married until the judge approves the final divorce decree. Dating during separation is adultery.
If one party does not want the divorce, grounds for divorce must be proven. Reasons for divorce in Tennessee can be found above.
Yes, all issues must be decided before a judge approves the final divorce decree. If the parties settle, a Marital Dissolution Agreement will divide all assets and debts. If alimony is awarded, the Marital Dissolution Agreement will also identify the type and terms of the alimony.
A Permanent Parenting Plan will decide child related decisions. The Permanent Parenting Plan will designate a parenting schedule and make other provisions for any minor children. If the parties do not settle, a divorce trial will determine all issues.
An uncontested divorce can often be the fastest and cheapest way for spouses to legally separate. However, in the state of Tennessee, only couples that do not have any minor children together (biological or adopted) qualify for an uncontested divorce. Spouses also must not own any business or property together to qualify for uncontested divorce.
The cost of filing a civil case in the state of Tennessee (including a complaint for divorce) is usually a few hundred dollars. However, this cost can vary depending on whether the couple has children and other factors related to the marriage and filing process.
A divorce may be granted in Tennessee if the plaintiff or the defendant has resided in Tennessee for six months preceding the filing of the Complaint for Divorce.
No. If Tennessee had proper jurisdiction at the time the Complaint for Divorce was filed, Tennessee will maintain jurisdiction even if both spouses move from the state.
The forms needed to file for a divorce are: Complaint for Divorce; Certificate of Divorce; and Summons.
You divorce will be filed in your county’s courthouse. In some counties, the Chancery Court handles all divorce. In other counties, like Shelby County, a divorce may be filed in Chancery or Circuit Court.
The Complaint and Summons are served on the other party. A private process server or a sheriff’s deputy will serve the Complaint and Summons on the other party. If your spouse agrees to sign a Waiver of Service of Process, he or she may be served by mail.
Related Article: Was I Properly Served?
The divorce is granted at a Final Hearing. One party will appear and testify. At a final hearing, the divorce documents will be approved by a judge. The judge will sign the final divorce decree.
Your local courthouse will give you guidance on where to go and what forms to fill out.
In a divorce case, fault must be proven unless the ground for divorce is irreconcilable differences. Tennessee courts simply require that some evidence be presented.
Tennessee does not grant common law marriages. However, if a party is validly married in a sister state that permits common law marriage, Tennessee will recognize the marriage.
To file for a divorce in Tennessee there may be different steps depending on how the type of divorce is being pursued. The typical process to get a divorce in Tennessee is as followed.
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
