What Are the Steps to Divorce in Tennessee?
Sept. 11, 2024
Divorce can be a challenging and emotionally charged process, but understanding the steps involved can help simplify the journey. In Tennessee, the process of divorce involves several key steps, each crucial in allowing for a smooth and legally sound dissolution of marriage. This comprehensive guide outlines the steps to divorce in Tennessee, providing an overview of the procedures, requirements, and considerations involved.
1. Understand Tennessee Divorce Laws
Before initiating a divorce, it's important to familiarize yourself with Tennessee divorce laws. Tennessee is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing to obtain a divorce. Instead, the grounds for divorce can be based on irreconcilable differences or other statutory grounds.
Grounds for Divorce in Tennessee
Irreconcilable Differences: This is the most common ground and requires both spouses to agree that their marriage is irretrievably broken.
Incompatibility: Similar to irreconcilable differences, this ground suggests that the spouses are incompatible and can't continue the marriage.
Adultery: If one spouse has committed adultery, the other spouse can use this as grounds for divorce.
Cruel and Inhuman Treatment: This ground involves instances of physical or emotional abuse.
Abandonment: If one spouse has abandoned the other for a period of at least one year, it can be grounds for divorce.
Drug or Alcohol Abuse: Persistent and severe drug or alcohol abuse can be grounds for divorce.
Felony Conviction: If one spouse has been convicted of a felony and sentenced to imprisonment for a period of time, the other spouse can use this as grounds for divorce.
2. Decide on the Type of Divorce
Tennessee recognizes two types of divorce:
Uncontested Divorce: Both spouses agree on all major issues, including property division, child custody, and support. This type of divorce is generally faster and less expensive.
Contested Divorce: The spouses can't agree on one or more issues, leading to a more intricate and lengthy process. A contested divorce may require mediation, negotiations, or court intervention.
3. Meet Residency Requirements
To file for divorce in Tennessee, you or your spouse must meet the state's residency requirements. At least one spouse must have been a resident of Tennessee for at least six months before filing. If the residency requirement isn't met, the divorce petition may be dismissed.
4. File a Divorce Petition
The divorce process begins with the filing of a divorce petition. This legal document, prepared with the assistance of a divorce attorney, outlines the grounds for divorce and requests relief from the court. The petition must be filed in the appropriate county, typically where either spouse resides.
Documents Required for Filing:
Complaint for Divorce: This form details the grounds for divorce and the relief sought.
Summons: This document notifies the other spouse of the divorce filing and provides instructions for responding.
Certificate of Divorce: A form that must be completed and filed with the court to record the divorce.
5. Serve the Divorce Papers
After filing the divorce petition, the next step is to serve the divorce papers to the other spouse. This involves delivering copies of the Complaint for Divorce and Summons to the other spouse in person or by certified mail, with the guidance of a divorce attorney. Proper service is crucial, as it makes sure that the other spouse is officially notified of the divorce proceedings.
Methods of Service
Personal Service: Delivering the papers directly to the other spouse.
Certified Mail: Sending the papers via certified mail with a return receipt requested.
Service by Publication: If the other spouse can't be located, the court may allow service by publishing a notice in a local newspaper.
6. Respond to the Divorce Petition
Once served with the divorce papers, the other spouse has the right to respond. The response can either agree with the petition (if the divorce is uncontested) or contest the terms (if the divorce is contested). The response must be filed with the court and typically includes answers to the claims made in the petition and any counterclaims.
7. Negotiate a Settlement
In contested divorces, the spouses may need to negotiate a settlement to resolve outstanding issues such as property division, alimony, child custody, and child support. This step often involves mediation or settlement conferences, where both parties work with their divorce attorney to reach an agreement.
Mediation
Mediation is a process where a neutral third party helps the spouses negotiate and reach a mutually acceptable resolution. Mediation is often less adversarial and can lead to more amicable settlements.
Settlement Agreement
If an agreement is reached, it’s documented in a settlement agreement, which outlines the terms of the divorce. This agreement must be signed by both parties and approved by the court.
8. Attend Court Hearings
If the spouses can't reach an agreement through negotiation or mediation, the case may go to court. In a contested divorce, both parties will present their case before a judge, with each party represented by their divorce attorney, who'll help argue their positions and provide evidence. The judge will then make decisions on unresolved issues.
Court hearings Include:
Temporary Orders Hearing: This hearing addresses temporary issues such as child custody, support, and possession of property while the divorce is pending.
Final Hearing: This is the final court appearance where the judge reviews the evidence and makes a determination on the divorce, including the division of property and any orders for child support or alimony.
9. Obtain a Divorce Decree
Once the court has resolved all issues, a divorce decree will be issued. The divorce decree, facilitated by your divorce attorney, is a formal court order that finalizes the divorce and includes the terms of the settlement or the court’s rulings. Both parties will receive a copy of the divorce decree, which serves as legal proof that the marriage has been dissolved.
10. Update Legal Documents and Records
After the divorce is finalized, it’s important to update legal documents and records to reflect your new status. This includes:
Changing Names: If applicable, update your name on legal documents, such as your driver's license and Social Security card.
Updating Beneficiaries: Changing beneficiaries on life insurance policies, retirement accounts, and other financial accounts.
Revising Estate Planning Documents: Updating wills, trusts, and powers of attorney to reflect your new circumstances.
11. Address Post-Divorce Issues
Even after the divorce is finalized, there may be post-divorce issues to address. These can include:
Enforcing Court Orders: Confirming that the terms of the divorce decree, such as child support or alimony payments, are followed.
Modifying Orders: Requesting modifications to court orders if there are significant changes in circumstances, such as changes in income or living arrangements.
12. Seek Support and Counseling
Divorce can be a highly emotional and stressful process. It’s important to seek support and counseling if needed. Support from friends, family, or a professional counselor can help work through the emotional challenges of divorce and facilitate a smoother transition to post-divorce life.
Speak With a Divorce Attorney
If you’re considering getting a divorce in the Nashville area, consider contacting me at Cynthia J. Bohn Attorney at Law, today. As a bold and fearless litigator, I’m here to guide you through each critical step, making sure that your divorce is handled both legally and equitably. Serving Nashville and the surrounding areas, including Davidson County, Sumner County, Wilson County, and Rutherford County, I bring a combination of empathy and aggressive advocacy to the table, tailored to address your unique needs and concerns.
From understanding the legal grounds for divorce to finalizing the divorce decree, every step is crucial. I'll work closely with you to work through the intricacies of property division, child custody, and support issues. My goal is to make sure that you achieve a resolution that not only protects your interests but also provides the clarity and closure you need.
By partnering with me as your divorce attorney, you’ll benefit from my experience as a great litigator who can be assertive and aggressive when necessary. Together, we’ll tackle the challenges of the divorce process head-on and work toward a resolution that aligns with your goals and priorities.