Tennessee Divorce Guide
Tennessee divorces begin with the filing of a "Complaint for Divorce". This is a document that provides information on the parties and any children. The Complaint also outlines the legal reasons, or grounds, for the divorce.
The Complaint is filed by taking the document to the court clerk's office and paying a filing fee. The person who files is called the "Plaintiff," and the spouse is called the "Defendant."
A Divorce Agreement, or Marital Dissolution Agreement, is a legal contract that reflects your agreement with your spouse on the grounds for divorce, division of your property and debts, and other terms of your divorce.
If you and your spouse have children together who are under 18 years old or have not graduated from high school, you will need a Parenting Plan. The Parenting Plan provides a schedule of visitation with each parent; outlines financial support including child support, insurance and taxes; provides a mechanism to resolve disputes; and lists the rights both parents have with respect to the children.
You conclude your divorce with a formal court appearance before a judge. You are required to wait 60 days after filing for divorce before you may proceed with the final hearing. If you have minor children together, the mandatory waiting period is 90 days.
You and your spouse must agree to every term of the divorce for it to be "uncontested." If you cannot reach agreement on all issues, the case is "contested" and a hearing must be scheduled to allow the parties to each present facts that support his/her position.
For an uncontested divorce, the hearing normally only takes a few minutes for the judge to review the documents and confirm that the agreement fairly divides the property and that any minor children are protected.
If your case is contested, the court may order you to participate in mediation or another form of alternate dispute resolution.
If you are unable to resolve the issues in dispute and proceed with a contested hearing, each of you will present testimony and documents in court supporting your position on those issues only.
If your documents are in order and your divorce is approved, a judge will sign the Final Decree of Divorce at the conclusion of the final hearing. This is a court order declaring the parties divorced.
