The divorce process in Tennessee involves several steps and varies depending on whether the divorce is contested or uncontested. Here’s an overview of the general process:
Grounds for Divorce
Tennessee recognizes both no-fault and fault-based grounds for divorce:
No-Fault Grounds – Irreconcilable differences.
Fault Grounds – Adultery, abandonment, substance abuse, cruelty, etc.
Residency Requirements
At least one spouse must have lived in Tennessee for six months before filing for divorce.
Filing the Petition
One spouse (the petitioner) files a Complaint for Divorce with the Circuit or Chancery Court in the county where either spouse resides. The complaint includes information about the marriage, grounds for divorce, and any requests for relief (e.g., child custody, alimony).
Serving the Papers
The petitioner must serve the other spouse (the respondent) with a copy of the Complaint for Divorce and a Summons. This can be done through a sheriff’s deputy, private process server, or by certified mail.
Response
The respondent has 30 days to file an Answer to the Complaint. In an uncontested divorce, the respondent may agree to the terms and not contest the divorce. In a contested divorce, the respondent may dispute the terms, leading to further legal proceedings.
Waiting Period
Tennessee has a mandatory waiting period before a divorce can be finalized:
No minor children: 60 days.
Minor children: 90 days.
Discovery and Negotiation
In a contested divorce, both parties exchange information and documents (discovery) and may engage in negotiations or mediation to resolve issues like property division, child custody, and support.
Settlement or Trial
Uncontested Divorce: If both parties agree on all terms, they can submit a Marital Dissolution Agreement and a Permanent Parenting Plan (if children are involved) to the court for approval.
Contested Divorce: If issues remain unresolved, the case goes to trial. Both parties present evidence and arguments, and a judge makes the final decisions.
Final Decree of Divorce
Once all issues are resolved, either through settlement or trial, the judge signs a Final Decree of Divorce, officially ending the marriage. The decree outlines the terms of the divorce, including property division, custody arrangements, and support obligations.
Post-Divorce Issues
After the divorce is finalized, either party may seek modifications to custody or support orders if there are significant changes in circumstances.
Legal Assistance
While it is possible to handle a divorce without an attorney, seeking legal advice can help ensure that your rights are protected, especially in contested cases. If you have any specific questions about the divorce process in Tennessee or need detailed information about a particular aspect, feel free to ask!