If you file for the no-fault ground of irreconcilable differences, you may get an uncontested divorce as long as you've reached a settlement agreement that covers child support and custody , as well as alimony and property division.
If you're having trouble agreeing about any or all of these issues, mediation could be helpful. Many couples can go through the process of getting an uncontested divorce including an agreed divorce without a lawyer, either all on their own or with the help of an online divorce service.
But if you're filing for an uncontested divorce based on irreconcilable differences, it's often a good idea to have an attorney look over your settlement agreement to make sure it's fair and protects all of your rights. Also, if you have the type of assets that are complicated to divide like retirement plans or a family business , you might want to have a lawyer or a mediator with financial expertise give you advice or help draft the agreement.
One spouse the "plaintiff" must file a petition or "complaint" for divorce that states the ground of irreconcilable differences and includes other information about both spouses and their children.
When you file a settlement agreement which Tennessee law calls a "marital dissolution agreement" that both spouses have signed and notarized, the defendant effectively waives the right to receive a copy of the complaint by service of process and to file an answer. Along with the complaint and agreement, you may need to file other forms, including a parenting plan and financial disclosures.
You can check with the local court clerk in the county where your spouse lives or where you both lived when you separated to get the proper forms. Or, to simplify matters, you can use an online divorce service that will provide and complete the appropriate forms for your situation, after you fill out a questionnaire. You'll have to pay a filing fee or request a postponement of the fee when you submit the divorce paperwork.
Here again, the fees vary by county; they're also higher if you have children. Both parties need to sign this and it must be notarized.
Ask the clerk whether you need to fill out a summons or a Civil Case Cover Sheet. You will also need Form Three notarized. You must mail your spouse a copy of Form Four by certified mail. Fill out Divorce Agreement Form Five. Both parties must sign this form in front of a notary public. This must be signed by both parties. There will be parts of this form you will not complete—that is for the judge to complete. Ask the clerk for the Divorce Certificate. Fill out as much as you can. When you file the forms with the court, you either pay the filing fee or file the form requesting a delay for paying the filing fees.
Different counties charge different filing fees. Bring extra copies of the forms with you. You may believe filing for this kind of divorce simple enough to forgo hiring an attorney, but there are levels of paperwork that need to be just right. Not having an attorney look over them before filing can save them from being rejected by the court. Plus, most attorneys charge a flat fee to handle an Uncontested Divorce that is much less than other divorce representation.
Less stress? Although there likely is no such thing as a completely stress-free divorce, coming to an agreement between spouses before filing can reduce the amount and length of stress felt during the process.
Staying out of court is always going to be less stressful than going to court over disagreements. The divorce lawyers of McKeehan Law Group have decades of experience guiding couples through divorce proceedings, both contested and uncontested. Schedule your free consultation today! There is no point in wasting time, money, and resources filing in Tennessee if the court lacks legal authority to hear the case.
Has a spouse lived here for six months or longer? One of the spouses must at least be a six-month resident of Tennessee to initiate the case here. This is to establish domicile. An exception to the six-month residency requirement may exist if emergency grounds for divorce arise within this state. For example, if a spouse has only been a resident for four months, then one option is simply to wait another two months and then file.
If that is not realistic or feasible, then filing for divorce in some other state where residency can be established may be a better option. Are the spouses living separately in different states? When spouses reside in different states, it may be more practicable to file in the state where the other spouse resides of course, depending on the particular circumstances. What is more practicable and efficient could save time.
There is no guarantee that any divorce, however amicable and straightforward, will proceed like clockwork. Delays are always possible. One legal exception could be domestic violence. This is another important jurisdictional consideration. There is no waiting period before filing beyond satisfying the residency requirement. How long the spouse takes to prepare the initial pleading — the complaint for divorce — will depend, in part, upon the alleged grounds for divorce and whether the spouses have minor children.
Is a spouse requesting a name change? A spouse may include a request for name change in the complaint for divorce. This saves time and money by eliminating the need to file a name-change petition later on. This can be a simple order entry by the court if there is compliance with all other name change requirements and restrictions. After the divorce complaint is filed with the Clerk of the Court, the summons and complaint must be served on the other spouse. This is not optional.
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