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I started my divorce on my own, spending loads of money on lawyer visits in the beginning.
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I had a very successful business at the time. So, making sure I had the right forms was
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After years of a tumultuous marriage, I finally decided that I needed to reclaim my life.
I was looking for how to go about it and came across this site and they simplified and made
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Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the
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California is expensive and divorce can be even more expensive in the end but I can say
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I live in upstate NY and unfortunately one day I found myself in a situation for divorce.
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Divorce with a Lawyer
>$11,000On average
Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
Litigated divorces are extremely expensive - $11,000 on average
They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
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Online Divorce in Tennessee
The information below will help the interested person understand more about divorce in Tennessee.
The common steps of how to get a divorce in Tennessee:
Divorce is a legal process that is based on state law. Therefore, to get a divorce in Tennessee, the marriage must be legal. In other words, Tennessee law recognizes that it has a right to exist.
The interested person must comply with the residency requirements and have a reason to terminate the marriage.
If the couple does not have common children and common property, and they both want to get a divorce, then they have the right to apply for a faster form of marriage dissolution, allowing them to save time and nerves. Such a divorce is called uncontested. Even if the couple has common underage children or valuable property, the divorce can still be accelerated if they have resolved all controversial issues regarding the divorce and put everything into writing. However, if there is at least one unresolved issue between the spouses, the divorce will be contested, causing delays due to a series of court sessions where the judge will decide on the disputes.
To start a divorce, the interested party needs to fill out the divorce documents.
When the Tennessee divorce papers are ready, they need to be filed with the court. If the filing party submits documents without their spouse’s participation, they will still need to send copies to him or her. When the spouse receives copies of the papers, the court will set the first hearing date. The minimum waiting period is 60 days. And if there are minor children of the marriage, 90 days must pass.
Residency:
You could file for divorce in Tennessee if the actions that led to the desire to terminate the marriage were committed while the Plaintiff (the suing spouse) was a bona fide resident of the state.
If the actions that led to the desire to terminate the marriage were committed outside the state, and the Plaintiff was a resident of the other state, then in order to file a claim in Tennessee, either the Plaintiff or the Respondent (the spouse who does not file the lawsuit) must reside in Tennessee for at least 6 months prior to filing a lawsuit.
Valid grounds to get divorce in Tennessee
In Tennessee, there are two main types of divorce: fault divorce and no-fault.
To obtain a divorce based on fault grounds, one of the spouses must be guilty of one of the following offenses:
Adultery;
At the time of marriage and up to the present time, one of the spouses is impotent or barren;
Willful or malicious desertion or absence of either party, without reasonable cause for one year;
The spouse has committed a crime for which he or she received punishment;
At the time of marriage, the wife was pregnant with another man, and the husband did not know about it;
Abuse of alcohol or drugs or addiction;
Refusal, on the part of one party, to move with his or her spouse to Tennessee, without reasonable cause, and being willfully absent from the spouse residing in Tennessee for two years;
One of the spouses commits violence or harsh actions, which makes cohabitation of the spouses unsafe;
One of the spouses has inflicted so much humiliation on his or her partner that it is hard to survive, forcing him or her to leave;
One of the spouses abandoned his or her spouse or turned the spouse out of doors for no good cause, and has been denied or denied to provide for the spouse while having the ability to do so;
All fault-based grounds must be proven in court. The court will hear the facts of the alleged actions from both parties, after which the judge either rejects the Petition or grants a divorce.
In Tennessee, to get a no-fault divorce, the interested party only needs to indicate one of the following reasons:
Irreconcilable differences. For this reason, a divorce can be obtained on the condition that the spouses have a written agreement on how the custody of minor children (if any) will be shared and common property will be divided.
The spouses voluntarily resided separately and did not live as a husband and wife for at least 2 years, and the couple does not have underage children.
Divorce in Tennessee
Custody of the child in Tennessee
If a couple is going through a divorce in Tennessee and the spouses have children of minor age, the court must distribute custody rights between the parents. In making its decision, the court is always guided by the best interests of the child. Thus, custody can be divided between parents or awarded to one parent, depending on what is best for the child.
There is also a presumption that the court will not give custody to the parent convicted of a crime against a child under 18 until the court finds clear evidence to the contrary.
The court will indicate what time a child can spend with each of the parents. The decree will include the spouse's places of residence and the days in which the child can visit them. If the court sees evidence that one of the parents voluntarily refused to educate their minor child, the hours of visiting such a parent will be significantly curtailed.
Divorce in Tennessee
Rules for child support in Tennessee
The court has the right to oblige parents to provide financial support to their underage children. The amount of support is regulated by the Income Shares Model, which considers such parameters as the gross income of parents and the number of underage children for whom support is set. After that, the total amount is distributed among the parents proportionally depending on their income level and custody rights.
Divorce in Tennessee
Property division in Tennessee
The grounds that led to the divorce are not taken into account when dividing property. All common property that the spouses acquired during the marriage until the final hearing date is subject to division.
The common property includes all tangible and intangible property that the husband or wife acquired during the marriage up until the final hearing.
If the spouses have separate property, it remains with the original owner after the divorce. Separate property is all property acquired before marriage, property acquired in exchange for other property acquired before the marriage, property received by one spouse as a gift or inheritance, regardless of the date of the marriage, provided that the second spouse did not make his or hers own investment to increase the value of this property, and property acquired after the entry into force of a decree for divorce.
Divorce in Tennessee
Rules for spousal support in Tennessee
If you are applying for a divorce, the court can oblige one of the spouses to pay alimony (spousal support) in favor of the second partner. State law has the following basic types of alimony:
Rehabilitative alimony aims to support a spouse who is in a difficult economic situation so that the spouse-recipient could get a job with a level of profitability that will help them get back on their feet.
Alimony in Futuro is the payment of alimony for a long-term period, until the death of one of the spouses or until the spouse-recipient remarries. It can be paid together with rehabilitation support;
Transitional alimony is the payment of maintenance for a certain period when the court considers that the spouse-recipient does not need rehabilitation support, but they still have some difficult economic situation;
Alimony in Solido or lump sum alimony is a long-term type of support obtained before the date established by the court. Such alimony can be paid in installments, as well as paired with any of the above kinds of support;
When the court considers the issue of maintenance, it must take into account all the factors that affect the economic situation of the spouses.
Divorce in Tennessee
Divorce without a lawyer in Tennessee
It is possible to get a divorce without a lawyer. Divorce without the participation of a lawyer is called Pro Se Divorce. It is a Latin expression that translates as "on her or his own.” Depending on which county the interested person lives in, the divorce process in the state of Tennessee can vary.
Divorce in Tennessee
Divorce Forms in Tennessee
The most common divorce form documents of the state are ‘Request for Divorce,’ ‘Spouses' Personal Information,’ and ‘Final Decree of Divorce.’ If you and your spouse agree on how to split common property, you also have to draft a ‘Divorce Agreement.’
Uncontested divorce in Tennessee
To get an uncontested divorce in Tennessee, the couple should want to dissolve the marriage and resolve their differences before filing a lawsuit. To obtain an uncontested divorce, the interested person must meet the following conditions:
The interested person and the spouse both want to get a divorce;
They must have no-fault grounds for divorce, which include:
- Irreconcilable differences, or: - If the spouses voluntarily resided separately and did not live for at least two years. But this reason is the basis for a divorce, only if the couple does not have minor children.
The interested person or their spouse lived in Tennessee for the last six months before the petition was filed with the court;
The interested person and the spouse have no common minor children. If the interested person has common minor children, they must draw up a written agreement on how custody will be arranged, including visiting hours and the amount of financial support. Both spouses should agree with all the statements that are in the contract.
The interested person or their spouse are not business owners, and they do not have common property or pension payments. If the interested person owns something mentioned, they should discuss and draw up a written agreement on how the interested person wants to divide the assets and liabilities after the divorce.
If one of the spouses is applying for alimony, the interested person also needs to agree on the amount and payment period.
Please note that all written agreements must be submitted to the court along with the Tennessee divorce papers. If you do not agree with any of the key points of your divorce, it will be considered contested, and the court will decide on your disputes. This, in turn, can significantly delay the process of marriage dissolution.
The petitioner will need to fill out the following key divorce documents: ‘Petition for Divorce,’ ‘Spouse's Personal Information,’ ‘Health Insurance Notice,’ ‘Divorce Agreement,’ ‘Final Decree of Divorce,’ and ‘Notice of Hearing.’
After the petitioner has filed in Tennessee, they need to wait 60 days if there are no minor children before the court sets a date for the hearing. If the petitioner has underage children, the waiting period will be increased to 90 days. If the documents are filed correctly, the court will set the date of the final hearing where the interested person’s spouse must be present, during which the court will grant a divorce.
How to serve divorce papers in Tennessee
In order for the court to start proceedings, the interested person needs to transfer copies of the divorce documents to the other spouse so that they can review them and, if necessary, file a retaliatory complaint. This is also called the process of serving a spouse. The petitioner can serve documents in two allowed ways:
Through the office of the sheriff. For a small fee, the Deputy Sheriff will try to contact the spouse. Keep in mind that the Deputy Sheriff makes only one attempt.
Using a private process server. This is a more expensive option. However, there will be several attempts made to contact the spouse.
If the petitioner files documents for an uncontested divorce, they can serve the spouse in person.
After the petitioner serves their spouse, they need to wait at least 60 days before they can go to court to find out the status of the divorce.
Divorce in Tennessee
Filing fees for divorce in Tennessee
Court filing fees are in addition to the cost of using OnlineDivorce.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Divorce in Tennessee
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Frequently Asked Questions
The answer is Yes. In Tennessee, any person can handle a legal case without a lawyer. The legal definition for self-representation before the court is Pro Se, meaning that a person acts as their own attorney.
Such a do-it-yourself divorce is subject to the same rules and regulations as a legally-assisted divorce, so the spouses shall take the same steps as lawyers do acting on behalf of their clients.
Therefore, a self-represented litigant must be aware of their responsibility for arranging the divorce procedure and its implications and risks.
Law experts usually do not recommend a DIY approach for contested divorces, i.e., when the spouses are not on the same page and have not agreed about such essential matters as property division, child custody, spousal support, etc.
Do-it-yourself divorce without a lawyer can be a more advantageous option for couples who agree about the key aspects of their separation or those whose divorce case is rather simple since they do not have marital property or shared children.
An agreement between the spouses allows them to have a clear vision of what to expect from the procedure, so often, the paperwork becomes the central issue of such divorce cases. The spouses may either use the self-help section of the Tennessee courts website and handle things independently or get limited-scope assistance, use OnlineDivorce services, and others that are more affordable than lawyers' help.
To start a divorce action in Tennessee without a lawyer, the spouse initiating the case, called the plaintiff, shall complete the divorce forms required in a particular case and file them with Circuit Court, Chancery Court, or General Sessions Court, depending on the county.
Also, at the moment of filing the documents, the plaintiff must pay a court filing fee. Thus, a divorce case officially starts.
The next step is serving the second spouse with copies of the Complaint and Summons filed with the court.
In Tennessee, service of process can be accomplished either by the deputy sheriff or any adult person who is not a party to the case or by mail. Anyway, the court must get proof of service. The plaintiff must provide the relevant Affidavit of Service (if the papers have been delivered to the second party by someone other than the deputy sheriff) and the return receipt if the process is served by mail.
Once the petition is filed along with the marital dissolution agreement and other forms, Tennessee laws require a waiting period, which is mandatory even in uncontested divorce cases. The final court hearing date cannot be scheduled until 60 days (90 days - if the spouses have minor children) after applying for a divorce.
The cost of any dissolution of marriage in Tennessee, whether contested or uncontested, starts with the court filing fee. This fee may be up to $380 depending on the county and if the spouses have minor children.
Other costs mainly depend on the type of divorce and the pricing of any legal aid and service the parties use to manage the divorce process.
A do-it-yourself divorce without a lawyer may be considered the most affordable way to get a divorce, even though it does not suit everyone. In an uncontested divorce, the spouses could also use OnlineDivorce.com for drafting the paperwork, resort to mediation or counseling, developing a mutual settlement agreement, etc. In general, they have broad discretion to manage their costs, arranging the divorce process in Tennessee.
Like other US states, the State of Tennessee requires that the spouses willing to terminate the marriage meet the specific residency requirements before filing for divorce.
According to the Tennessee Code, to get a divorce within the state, either of the spouses must have been a resident of Tennessee for six months before filing for divorce, given that the ground for divorce occurred out of state.
If the ground for divorce occurred while the plaintiff was a resident of the state, the Tennessee Code does not provide specific residency requirements.
According to the Tennessee Rules of Civil Procedure, once receiving the copies of Complaint and Summons, the defendant has to respond to the papers within thirty days after the service.
The defendant must reasonably respond to each provision in the Complaint and file an Answer with the Court Clerk. If the defendant fails to respond on time, the court may enter a judgment by default.
Even though an uncontested divorce in Tennessee can be relatively affordable, a completely free divorce is, in theory, available only if, along with signing a marital dissolution agreement, the plaintiff qualifies for reducing court costs due to financial hardship.
Thus, if the plaintiff cannot afford to pay the filing fee, he or she may submit to the Court Clerk the Request to Postpone Filing Fees. Also, one can file an Affidavit of Indigency. If the court approves it after evaluating the plaintiff's financial information, it will allow the plaintiff to file a case on a pauper's oath, and the court fees can be waived.
The required divorce forms for an uncontested dissolution case in Tennessee typically include but are not limited to:
Civil Case Cover Sheet
Complaint for Divorce
Amendment
Summons
Affidavit of Service
Marital Dissolution Agreement
Final Decree
Divorce Certificate
Financial Declaration
If the spouses have minor children, they also have to file a Permanent Parenting Plan, Temporary Parenting Plan, Parenting Class Certificate.
Child support case
Sample Documents by State
Please note that your final forms, documents and
filings may be different depending on your state.
Coming soon! If you want to have a look at sample forms for your state and
you cannot find them here, please just give us a call or send us an email.
You are Qualified
You qualify to use OnlineDivorce.com to start your divorce online.
Please note that although you are currently not in agreement with your spouse regarding your divorce,
you will need to agree before you get your divorce paperwork. Our guided process is designed
to walk you through all the important issues in a divorce so you can come to terms.
To begin the process to complete your official divorce forms online, please press the “Continue”
button below.
