Filing for Divorce in Tennessee
State laws govern divorce processes, and there are subtle variations by state. A seemingly simple mistake, such as the wrong service, can mess up your divorce process. Ensure you get everything right from the first. Below is an overview of the divorce process in Tennessee.
Meet the Residency Requirement
The first thing is to confirm that you meet the state's residency requirements. Tennessee requires you to have lived in the state for at least six months before you can file for a divorce. If you haven't been in the state that long, you either have to wait or file your divorce elsewhere.
However, the waiting period doesn't apply if one of you is a military member stationed in the state but has a permanent residence elsewhere. In such a case, you must be in the state for at least one year before you can file for divorce in a local court.
Decide on the Type of Divorce
If you meet the residency requirements, the next step is to determine the type of divorce you want. Tennessee recognizes two forms of divorce.
No-Fault Divorce
Uncontested divorce, which is also called agreed divorce or no-fault divorce, applies if you have both agreed that it is in everyone's best interest to divorce. You don't have to prove to the court why your marriage has ended. In this case, you list your reason for divorce as irreconcilable differences.
Fault Divorce
You choose a fault divorce if you wish to prove to the court that your spouse's behavior is responsible for your marriage's breakdown. The state recognizes over a dozen grounds for divorce. Examples include:
- Adultery
- Willful desertion of at least one year
- Impotence
- Cruelty or inhumane treatment of the partner
Whichever ground you choose, be ready to prove and defend it in court. Partners might also raise their counterclaims.
File Your Divorce
The next step is to fill and file your divorce papers. Some of the forms you may need:
- Divorce Complaint
- Marital Dissolution Agreement
- Agreed Permanent Parenting Plan
The exact forms depend on whether you want to file a contested or uncontested divorce. Once you have the right forms, take them to the Clerk of Court in your county, and pay the filing fee. Ideally, a divorce attorney should go over your forms to ensure that you have everything right.
Serve Your Spouse
The next step is to notify your spouse by serving them the divorce papers, which you have filed for divorce. All states have specific rules for serving divorce papers. In Tennessee, you can:
- Use a process server, who can be anyone over the age of 18 who is not a party to your divorce case. The state doesn't have licensing requirements for process serves.
- Use a local sheriff.
- Use an adult family member or friend.
- Use certified mail.
- Publish the service in a local newspaper. The court will only permit this last option if you can prove that you can't locate your spouse. The court also chooses the newspaper.
Follow the regulations so that your spouse cannot claim that you didn't serve them your divorce papers.
Wait for the Cooling Off Period
Lastly, you should know that the court won't start working on your divorce right away. Tennessee has a cooling-off period or waiting period. The cooling period allows you to change your mind if you so wish, especially if you had rushed to file for divorce. The cooling-off period is 60 days if you don't have minor children and 90 days if you have minor children.
The Law Office of Joe R. "Jay" Johnson II can help you through the process and ensure you get everything right. Contact us for a consultation to start work on your divorce as soon as possible.
