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Tennessee
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Tennessee Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Tennessee Residency Requirement
According to the Tennessee Divorce Laws and Tennessee Divorce Guidelines,
to get divorced in Tennessee, the spouse filing for divorce must
have been a resident of Tennessee at the time when the grounds for
divorce occured. If the grounds for divorce did not occur in Tennessee
and the petitioner resided outside of Tennessee, one of the spouses
must have been a resident for at least 6 months before filing for
divorce.
Place of Divorce (Venue)
The case may be filed in:
(1) The county in which the spouses lived together before separating.
(2) The county where the respondent resides if he/she is a resident
of Tennessee. If the respondent is a non-resident of Tennessee then
the divorce should be filed in the county where the pertitioner
resides.
Simplified or Special Divorce Procedures
If the divorce is based on irreconcilable
differences, the spouses may enter into a notarized marital settlement
agreement. The agreement must:
(1) make specific reference to a pending divorce by the name of
the court and the docket number or
(2) state that the respondent is aware that a divorce will be filed
for in the state of Tennessee and
(3) state that the respondent waives service of process and waives
filing an answer. The waiver of service will be valid for 120 days
after the respondent signs the agreement and will constitute a general
appearance by the respondent and give the court personal jurisdiction
over the respondent and will constitute a default judgment.
The petition for divorce must have been on file for over 60 days
before a hearing will be held if the spouses have no minor children
and 90 days if they have any minor children. The spouses must make
adequate and sufficient provisions in their marital settlement agreement
for the care and custody of any minor children and for an adequate
settlement of their property. The spouses may also make provisions
in their settlement for alimony. A final decree may be entered without
any corroborating proof or testimony by the petitioner or respondent.
If the respondent contests or denies that there are irreconcilable
differences, a divorce may NOT be granted on those grounds, unless
there is a valid marital settlement agreement. Some counties may
require the respondent to sign any appearance and waiver form before
the court clerk for it to be valid. In addition, in any petition
for divorce, the wife's maiden name must be stated and the race
and color of each spouse must be stated. Financial affidavits may
also be required.
Tennessee Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
(2) living separate and apart without cohabitation for 2 years with
no minor children
Grounds for a Fault based divorce:
(1) impotence
(2) adultery
(3) conviction of a felony and imprisonment
(4) alcoholism and/or drug addiction
(5) wife is pregnant by another at the time of marriage without
husband's knowledge
(6) willful desertion for 1 year
(7) bigamy
(8) endangering the life of the spouse
(9) conviction of an infamous crime
(10) refusing to move to Tennessee with a spouse and willfully absenting
oneself from a new residence for 2 years
(11) cruel and inhuman treatment or unsafe and improper marital
conduct
(12) indignities that make the spouse's life intolerable
(13) abandonment, neglect, or banning the spouse from the home.
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Tennessee, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Tennessee divorce guidelines and Tennessee divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as Tennessee property distribution, Tennessee child
support, or Tennessee child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Tennessee
divorce guidelines and Tennessee divorce
laws, is a divorce where the other spouse doesn’t sign the Tennessee
Divorce forms or Tennessee divorce papers, he/she doesn’t do anything
at all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Tennessee
There are only three basic procedural steps to a divorce:
- File Tennessee Divorce Papers (Tennessee
Divorce Forms)
- Notify Spouse of your filing for divorce
in Tennessee
- Attend your Tennessee divorce hearing
Tennessee Child Custody
Simple Definitions: (source: Tennessee divorce guidelines and Tennessee
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Tennessee Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Tennessee
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Tennessee Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Tennessee Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Tennessee divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Tennessee.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Tennessee.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Tennessee often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Tennessee, fees must usually
be paid when you file the Tennessee divorce forms and Tennessee
divorce papers at your county courthouse. These fees vary between
County to County, so it is best to call them and ask what the
fees are in your County. Regardless of whether you are going through
a divorce service, using a Tennessee divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Tennessee, you will almost always be the one to cover the court
fees which is standard procedure.
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