Tennessee law allows a process for divorce that significantly reduces the emotional burden and the expense of protracted litigation. You do not have to have an attorney to file for divorce. However, proceed with caution if you are filing without legal representation. Make sure you do not agree to something you will later regret.
Here is a quick overview of the process of an uncontested divorce.
Who Qualifies for Uncontested Divorce?
Not everyone qualifies for Tennessee's streamlined uncontested divorce procedure. Both you and your husband or wife must meet the following requirements:
- You both lived in the state for the last six months
- You have no minor children born of the marriage
- Both of you agree to dissolve your marriage
- You own no business or real estate together and have no retirement accounts
- You have reached a full personal property settlement agreement
If any single one of the above requirements is not met, you do not qualify for Tennessee's uncontested divorce procedure. If you do not qualify but still want an affordable, painless divorce, we have 3 divorce services designed specifically for you.
If you and your spouse meet all of the listed requirements, you can begin the filing process. Before you do, be sure to read How To Get An Agreed Divorce In Tennessee. This form was put together by the state to educate people the procedure.
Starting the Process
The divorce case is filed in the county that you live in. If you have already separated, and you live in separate counties, you can bring the action in either county. The following completed forms must be filed to begin the divorce process:
- The divorce petition
- Spousal personal information form
- Personal property settlement agreement
- Health insurance notice
- Divorce hearing notice
Some counties might require additional paperwork pursuant to local rules. Be sure to check with your county's court clerk to be sure of exactly what forms are needed. You can either print all necessary forms off of the internet, or you can go to your local court clerk's offices to pick up an uncontested divorce form package. Any additional forms that might be required in your county will likely be in that package.
How Long Does It Take?
There will be a minimum of 60 days between date of filing and date of hearing. The court clerk in your county will schedule you for the first available date. He or she wants your divorce finalized too.
Do I Have To Go To The Divorce Hearing?
The presiding judge might have questions for both of you, so both parties should be present at the divorce hearing. If your paperwork is in order on your hearing date, you could be divorced that day. On the other hand, you might leave the hearing still married. The divorce does not become final until the judge signs off on your decree.