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Uncontested Divorce in Tennessee

Updated: May 7

a couple sitting with an attorney discussing divorce

In Tennessee, an uncontested divorce typically involves both spouses agreeing on all key aspects of the divorce, including division of property and debts, child custody, child support, and alimony (if applicable). Here's a general outline of how the process works:

  1. Filing the Petition: One spouse (the petitioner) files a petition for divorce with the appropriate court in Tennessee. This petition outlines the grounds for divorce (Tennessee allows both fault-based and no-fault grounds), as well as any other relevant information such as the agreement on division of assets and child custody arrangements

  2. Serving the Spouse: After filing the petition, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a summons, notifying them of the divorce proceedings.

  3. Waiting Period: Tennessee law requires a waiting period before the divorce can be finalized. If there are no minor children involved, the waiting period is typically 60 days from the date the petition is filed. If there are minor children, the waiting period is 90 days.

  4. Negotiation and Settlement: Both spouses work together (often with the help of their respective attorneys) to negotiate and reach a settlement agreement on all issues related to the divorce, including property division, child custody, child support, and alimony.

  5. Finalizing the Agreement: Once both spouses have reached an agreement, they can submit a Marital Dissolution Agreement to the court for approval. This document outlines the terms of the divorce settlement.

  6. Court Hearing: In some cases, a court hearing may be required, especially if the judge wants to ensure that both spouses understand the terms of the agreement and that it is fair and reasonable.

  7. Final Decree: If the judge approves the settlement agreement, they will issue a final decree of divorce, officially ending the marriage.

It's important to note that while an uncontested divorce can be a more streamlined and cost-effective process compared to a contested divorce, it still involves complex legal procedures. It's often advisable for both spouses to seek the guidance of experienced divorce attorneys to ensure their rights and interests are protected throughout the process.

William Cain can help you navigate an uncontested divorce. Click below to request a free consultation.

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