Filing for divorce in Tennessee is a complex process requiring knowledge of state laws and regulations. It’s important to understand the requirements for filing for divorce, the difference between contested and uncontested divorces, and how a Franklin uncontested divorce lawyer can help you through this process.
The legal team at Durak Law in Franklin, TN will be with you through it all to ensure that your best interests and rights always remain protected. No matter what situation arises, you can always rest assured that we will provide quality legal representation. Call us today at (615) 812-2829 to schedule your free consultation with one of our experienced divorce lawyers.
What is an Uncontested Divorce in Tennessee?
An uncontested divorce in Tennessee is one in which both spouses have reached an agreement on all the issues of the divorce. It is generally the quickest and least expensive option when it comes to divorce, but both spouses have to first agree on all issues for the process to work.
Uncontested divorce is generally preferable if both parties are willing to cooperate because it offers numerous benefits, which include:
- All the matters discussed remain confidential
- Less possibility of conflict compared to contested divorce
- Faster process compared to court litigation
- Lower expenses and costs.
What Are the Requirements for an Uncontested Divorce in Tennessee?
To qualify for an uncontested divorce in Tennessee, you and your spouses are both required to meet the following requirements:
- Agree to get divorced.
- Reach an agreement on all issues (i.e. child custody, visitation, spousal support, alimony, division of property, etc.) without the assistance of your divorce lawyers.
- Sign all the uncontested divorce documents without being forced to do so by the court.
- You also must meet one of Tennessee’s residency requirements for divorce: I. Either spouse has lived in Tennessee for at least 6 months at the time of filing for divorce. II. Both spouses were living in Tennessee at the time of filing for divorce.
- Be fully aware of each other’s income, debts, assets, and financial interests.
- Complete the mandatory Parent Educational Seminar voluntarily if the divorcing couple have minor or dependent children together.
You don’t qualify for uncontested divorce in Franklin, TN if:
- You and your spouse disagree about any issue in the divorce.
- You and your spouse believe that a non-standard custody agreement is in the best interest of your children.
- You and/or your spouse have an ongoing bankruptcy.
- You don’t know what debts or assets you and your spouse have, or if your spouse has hidden money from you.
- You want the divorce granted on an at-fault basis for divorce, such as adultery or inappropriate marital conduct.
Consulting with a Franklin uncontested divorce lawyer will help to ensure that your individual situation is taken into account for what will work best for you.
How Do You Get an Uncontested Divorce in Tennessee?
Uncontested divorce in Tennessee is only ever granted in a no-fault divorce and on the ground of “irreconcilable differences.” The following is the step-by-step process for obtaining an uncontested divorce:
Meet the Residency Requirements
You are first required to meet the state’s residency requirements before starting the uncontested divorce process in Tennessee. At least one of the divorcing spouses must have lived in Tennessee for at least 6 months prior to filing for divorce. You can only proceed to the next steps if you meet this requirement.
Document Preparation
Preparing the relevant legal documents is a key step when initiating an uncontested divorce in Tennessee. Here are some documents that you may need:
- Complaint for Divorce: It essentially initiates the divorce process and outlines basic information regarding the marriage, such as the grounds for divorce, names of both spouses, and date of marriage.
- Parenting Plan (If Necessary): If you have children, you’re required to create a parenting plan outlining the visitation schedules, child custody arrangements, as well as how to make decisions regarding the upbringing of the child.
- Marital Settlement Agreement: It is a comprehensive document that details debts, assets, and child related matters. It should address issues such as child support, alimony, property division, child custody.
Filing the Divorce Papers
The next step is to file your completed divorce documents with the appropriate court. You will typically file the document in the Circuit or Chancery Court in Tennessee in the county where either you or your spouse resides. You can expect to pay a filing fee at the time of filing.
Service of Process
Now that you have filed the divorce papers, you will need to provide your spouse with a copy of the documents you filed. This process is referred to as “service of process.”
Your spouse can choose to either accept service voluntarily and acknowledge receipt of the documents, or you may need to serve the papers formally. Voluntary acceptance is the faster and smoother route, but only if your spouse is willing to cooperate.
Waiting Period
Tennessee has a mandatory waiting period before the court can grant the uncontested divorce. You should typically wait for 60 days after filing the divorce papers. The waiting period allows both parties to consider their decision and possibly even resolve any issues that arise.
Court Hearing
You will need to attend a court hearing at the end of the waiting period. The hearing is intended to present your case and obtain the final divorce decree.
Both you and your spouse will likely be required to answer a few routine questions during the hearing to confirm that both of you consent to the divorce along with the terms of the marital settlement agreement.
You should prepare for the court hearing by having all the relevant documentation in Order. Bring multiple copies of the divorce papers, including the Parenting Plan, Marriage Settlement Agreement, along with any other relevant supporting documents.
Working with a Franklin uncontested divorce lawyer ensures that your rights and your best interests are protected.
Final Divorce Decree
The court will then issue a final divorce decree if it’s satisfied with your agreements and the proceedings and the marriage will be officially ended. The document outlines the term of the divorce, such as child custody, alimony, property division, and child support arrangements.
What Are the Differences Between a Contested and Uncontested Divorce?
Divorcing couples in Franklin, TN have 2 primary options: contested or uncontested:
- Contested: If you and your spouse are unable to agree on the divorce terms or any other issues such that court intervention is needed to resolve disputes, it becomes contested. The terms may include spousal or child support, division of assets, etc.
- Uncontested: If both parties agree to the terms of the divorce, it becomes uncontested. This type is considered the easier and more straightforward process pathway to divorce, taking half the time and energy as a contested divorce. Terms that can be agreed upon include alimony, visitation rights, etc.
Uncontested divorce is clearly the best option since it offers numerous benefits such as lower legal fees, it’s less time-consuming, and reduced emotional stress. Speak with a trusted Franklin uncontested divorce lawyer today to see what works best for you.
Do I Need a Franklin Uncontested Divorce Lawyer?
Divorce is sometimes hotly contested, resulting in a prolonged legal process and emotional turmoil. Fortunately, if you and your spouse can agree on all the terms of the divorce, an amicable solution can be found in an uncontested divorce.
Hiring a Franklin uncontested divorce lawyer even if both parties agree on the terms is absolutely critical in a Tennessee uncontested divorce for the following reasons:
Categorizing Property
While you and your ex have agreed on how you wish to divide your property and assets, doing so correctly can be challenging. If not properly executed, you may face serious consequences later in life. A Franklin uncontested divorce lawyer will ensure that all debts and marital assets are properly categorized and divided according to the law in Tennessee.
Decisions on Children
Issues of child support and custody can be sensitive and difficult to navigate. A Franklin uncontested divorce lawyer can help you draft a comprehensive parenting plan that serves the best interests of your children. They will also ensure that child support agreements are not just fair but also in compliance with Tennessee guidelines.
Helping You Understand Your rights
A Franklin uncontested divorce lawyer will make sure that your rights are always protected throughout the entire process. If you don’t have legal representation, your spouse and/or their lawyer can take advantage of you. Fortunately, this is something that your lawyer can prevent from happening thus ensuring a fair and equitable divorce settlement.
Helping You with the Divorce Process
Divorce typically involves specific legal procedures, even when it is uncontested. Filing the right paperwork is absolutely critical; mistakes can lead to significant delays. Franklin uncontested divorce lawyers are highly experienced at navigating the procedural requirements, which ensures that the entire process is smooth.
Contact Our Franklin Uncontested Divorce Lawyer at Durak Law Today
Have you been served with divorce papers or are you considering filing for divorce? Our Franklin uncontested divorce lawyers at Durak Law can help you. We can provide the comprehensive legal representation needed to handle any aspect of your divorce case.
Call us today at (615) 812-2829 to schedule a consultation with one of our experienced uncontested divorce lawyers.
