You will need to take your completed divorce papers, along with two copies of each document, to the county clerk to file. One copy will be for your records, while the other will be what you serve to your spouse. You will need to pay a state filing fee, unless you request to have it waived, and the clerk will give you a case number. You will need to ask the clerk about the Divorce Certificate and he or she will give you instructions on when and how you will file it. In a standard divorce, the court requires you to serve a copy of the divorce papers to your spouse after you have filed the initial paperwork.
Usually, you hire a sheriff's deputy or private process server to serve your spouse. However, if you and your spouse have completed all of the paperwork for an agreed or uncontested divorce, you will not need to serve your spouse. He or she will have already signed the Divorce Agreement, which demonstrates that you are both in agreement about the divorce and its terms. You will want to wait for 60 days before contacting the clerk to ask about a Final Divorce Hearing.
At the hearing you will verify the information on your documents and the court will finalize the divorce. It is best if you and your spouse go to the hearing, but you can go alone if necessary. If you click "Unsubscribe" your email address will be removed from our database and we won't be able to get in touch with you by email when you may need it. Are you sure you want to unsubscribe? Please note that although you are currently not in agreement with your spouse regarding the 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 that you can come to terms.
To begin the process to complete your official forms online, please press the "Continue" button below. Please click here if you are not redirected within a few seconds. Divorce in Tennessee The decision to get a divorce is not one that anyone arrives at lightly. To seek an agreed divorce, you have to meet several criteria, including: You both agree on ending the marriage Either you or your spouse have lived in the state for six months, or you both decided you needed to divorce while living in the state You do not own any major assets together, including land, buildings, a business or share retirement benefits You have no minor children together, or any children that are disabled or still attending high school Your wife is not currently pregnant You both agree on how your property will be divided and on alimony issues An uncontested divorce is similar to an agreed divorce, but you are allowed to have children and own property together.
Tennessee Divorce Papers and Forms The Tennessee Courts website offers a wide range of divorce forms and documents that you can download and complete. How to File Divorce Papers in Tennessee You will need to take your completed divorce papers, along with two copies of each document, to the county clerk to file. How to Serve Divorce Papers in Tennessee In a standard divorce, the court requires you to serve a copy of the divorce papers to your spouse after you have filed the initial paperwork. Do you qualify for an online divorce? Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you?
Do you and your spouse have any children under the age of 18 from this marriage? Telephone number:. When to call you back? Leave some details about your case optional :. Thank you! Your request has been successfully submitted. We serve clients throughout the state including but not limited to the Nashville , Knoxville, Memphis and Chattanooga metropolitan areas. Ending a marriage with someone in the military can be a complicated process. This is because there are certain federal laws that govern military members and affect the procedure of a divorce.
The law states that a divorce can be put on hold for the entire time of active duty or deployment. There are other federal laws that may affect the way in which a divorce is carried out. Alternative dispute resolution ADR is a way for couples to sort through the issues of a divorce in a somewhat informal environment.
The process uses a neutral third party and allows spouses to arrive at agreements through discussions and negotiations with one another. ADR can be legally binding and also nonbinding. Some of the benefits to using ADR include:. When couples are free to arrive at the agreements that mutually work for them, they are more likely to abide by the final arrangements. The decision to end a marriage can bring with it a great deal of unanswered questions.
Many couples may wonder what path is right for them in order to move forward with life. In Tennessee, there are alternatives to divorce such as legal separation or annulment. Knowing the benefits to each can help spouses arrive at the right conclusion for their situation. While it might be common for many to believe a legal separation is exactly like a divorce, it is not. Although the issues regarding child custody, visitation and support are addressed and resolved, the marriage is not terminated like in a divorce. Couples that choose a legal separation may do so for financial, religious or personal reasons.
Pursuing a legal separation can take as much time and money as a divorce; however, it can give couples time to reconcile the marriage. If a couple wants to eventually move on and marry someone else, they must first take further steps to end the partnership. In an annulment, the court treats the marriage as though it never legally happened.
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In some instances, the marriage was never legal from the start — as in cases involving bigamy or incest. In order to grant an annulled marriage, the court requires evidence to show that specific conditions exist. The specific factors to obtain an annulment in Tennessee are:. This means that child custody and support will be determined for the children regardless of whether the marriage is annulled.
Proving to the court that an annulment is warranted can be difficult in some instances and often requires the help of a skilled divorce attorney. When spouses decide to get a divorce, they often think first and foremost about the impact the decision will have on the children. Child custody and support are two key areas that need to be resolved when a marriage is over. In Tennessee, the most common custody arrangement is one in which both parents share equally in the caregiving roles of the children. Parenting time, or visitation, is typically granted to the noncustodial spouse.
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The arrangements can be based upon what works for the spouses and whatever is agreed to by the court. In cases where the relationship has significantly deteriorated between the parents, a flexible visitation schedule is not recommended, as this arrangement requires good communication.
A divorce can alter or even halt the time grandparents can visit with their grandchildren. In some circumstances, the family dynamics can be complicated, making it necessary for grandparents to petition the court to have visits with their grandchildren.
Learn the rules for getting a divorce in Tennessee.
The court will access if grandparents have a relationship with the grandchildren that could be defined as significant and meaningful. Additionally, it is necessary that the visitation is deemed to be in the best interests of the grandchildren. In Tennessee, child support is determined through a basic formula that uses the adjusted gross incomes of both parents and the number of children in the household. Income that is factored into the calculation can be from a variety of sources including:.
Health care expenses and other child-related costs are the responsibility of both parents. When parents are awarded an even amount of parenting time, child support payments are generally paid to the spouse that makes less money. Other factors may be considered as well, such as the debt of each parent.
Once child support has been determined and a judge has made the official ruling, parents that are obligated to make payments will face severe consequences for delinquency. When a parent falls behind on child support or stops payments altogether, he or she may be subject to the following:. Failure to pay child support will result in a contempt petition being filed against the non-paying party.
This motion could eventually result in jail for those with high outstanding balances or for repeat offenders. Establishing paternity is vital in order for a father to be in the lives of his children. Once paternity has been determined, a number of important factors are made possible.
Some of the aspects a father acquires in regard to his children include:. Allocating property between two spouses can become a challenging process. When a couple has accumulated property together, there can be emotional ties to an item, and seeing it go to the other spouse can be hard. In Tennessee, all debts and assets acquired in the marriage belong to both parties. There are, however, some exceptions to this rule, including:.edutoursport.com/libraries/2020-07-18/2220.php
Tennessee Divorce Source: Tennessee Divorce Laws
Tennessee is considered an equitable property division state. The court will start with classifying property, which includes debts, into two categories — separate and marital. Separate property is anything that was owned by a spouse before the marriage, and therefore not divided in a divorce. In equitable division, property is dispersed according to the needs of each spouse, rather than in an even fashion.
This means that one spouse could be awarded 70 percent of the property and the other could receive 30 percent. Some of the other points the court may consider when awarding property may include:. Alimony is a way to offer financial assistance to a spouse after the marriage ends. There are many circumstances which could warrant the need for spousal support.
In Tennessee, there are four types of alimony including:.