how to file for divorce in tennessee without a lawyer

You can get an agreed divorce without the help of a lawyer and the requirements are:

• If either your spouse or you have lived in Tennessee for a minimum period of 6 months or you lived in the state when deciding to file for divorce.
• Your spouse and you have no minor kids, disabled children or children above 18 still in school.
• Your wife is currently not pregnant.
• Both spouses want to end the marriage.

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Full Answer

Does your spouse have to sign divorce papers in Tennessee?

Typically, if you and your spouse have reached a divorce settlement agreement on all of your issues, you can bring your agreement and any necessary divorce paperwork to court, where a judge will review it, issue orders based on that agreement, and grant you a divorce.

How to file for no fault divorce in Tennessee?

Divorce in Tennessee

• Grounds for divorce
• Legal separation. Couples who are not sure if they wish to file for divorce in Tennessee but want to live apart can file for a legal separation.
• Types of divorce. ...
• No fault divorce. ...
• Spousal support. ...

What documents are required to file for divorce?

To apply for a divorce you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

Does a divorce decree in TN have to be notarize?

When you file a complaint for divorce, it will need to be notarized before it can be served to your spouse. This ensures that you have chosen to divorce on your own accord and the information in the petition is accurate. If you have been served divorce papers and choose to file an answer with the court, that may need to be notarized.

Can you file for divorce in Tennessee without a lawyer?

In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.

How do you self file for divorce in Tennessee?

How to File for Divorce in Tennessee1) Complete the Divorce Complaint. The first step in filing for divorce in Tennessee is completing the Complaint for Divorce form. ... 2) File the Forms. ... 3) Serve Your Spouse. ... 4) Settlement or Discovery. ... 5) Attend Parenting Class. ... 5) Continued Settlement Efforts or Divorce Trial.

What is the cheapest way to get a divorce in Tennessee?

Filing for "Agreed Divorce" The fastest and cheapest divorce is called an "agreed divorce" in Tennessee. This only applies to people without minor children who do not own property or businesses and do not have retirement benefits.

How long do you have to be separated before divorce in TN?

Finally, you can ask the court to grant you a divorce based on a separation. In order to qualify for this, you must be able to show that you have been living in separate residences, and not cohabiting as spouses, for at least two years (this ground applies only if the couple has no children).

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can I file for divorce online in TN?

Unfortunately the State of Tennessee does not offer forms online to complete your divorce process. You will need to obtain any additional documents necessary to commence your divorce from your local county clerk's office.

Who pays for a divorce in Tennessee?

Thus, in many divorce cases, the court will order one spouse to pay the other spouse's legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.

How much are divorce papers in Tennessee?

In Tennessee, this fee ranges from $205 to about $280, depending on the county. The fee is required to be paid when the plaintiff submits the divorce documents to the Clerk of the Courts. You pay the filing fee, and the clerk assigns the case a case number officially initiating the divorce process.

Can you date while separated in TN?

Dating While Separated Is Marital Misconduct in Tennessee Divorce Law. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

Who has to leave the house in a divorce in TN?

Tennessee is an equitable distribution state, which means all shared assets, those that belonged to both spouses during the marriage, are subject to division. Properties owned by one spouse or the other, such as student loans, family inheritance, or personal gifts, will likely remain that person's property.

What is the easiest way to get divorced?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

What can a family lawyer do for a child in Tennessee?

If you have children, an experienced family lawyer can help reduce conflict. And can advise you in your specific situation. The best interests of the children is paramount in Tennessee child custody law. That is the legal standard by which judges make custody determinations.

What are the different types of alimony in Tennessee?

There are four different types of alimony in Tennessee law: Alimony in futuro, transitional alimony, rehabilitative alimony, and alimony in solido. There are many statutory factors for the judge to consider with alimony, only one of which is marital fault.

What happens if my spouse has a lawyer?

If your spouse has a lawyer, you could be in real trouble. Not just on the division of property, but in every aspect of the case – child custody, alimony, child support, everything. Every lawyer has an ethical duty to zealously represent his or her client, which is not you.

Does divorce affect mortgage?

Divorce does not alter obligations on the mortgage. Transferring the home to one spouse will require refinancing, qualifying for a new loan. If the spouse was a stay-at-home parent with no employment history, so no credit history, then qualifying for a substantial home loan may not be possible. A smaller loan, maybe.

Do divorce cases go to trial?

There is always the possibility that your case will go to trial on any disputed issue. For the best possible outcome at trial, you need an experienced divorce attorney to handle your case. Even when spouses agree on everything, they should be represented by counsel. Even when they have no children, no real estate, and no retirement assets – they should be represented by counsel.

Can a divorce be undone in Tennessee?

And the consequences of a mistake, a misunderstanding, or a lack of knowledge of Tennessee divorce law may not be fixable. In fact, more often than not, the damage cannot be undone. Once you sign certain legal documents, even informal agreements at mediation, in many circumstances courts will enforce those terms agreed upon. By having an advocate who is experienced and knowledgeable in the law of divorce, in the court rules, in current case decisions, who is familiar with each judge’s courtroom, the outcome is far more likely to be favorable.

Is it important to have your own lawyer?

No matter how pleasant your spouse’s lawyer seems to be, his or her loyalty is only to the client, not to a reasonable compromise. He or she is not representing you and is not looking out for your best interests. It’s important that you have your own lawyer.

Can I file my own divorce in Tennessee?

Tennessee allows you to represent yourself and complete your own divorce documents in two different scenarios – when you are seeking what is referred to as an “agreed divorce”, and when you are seeking an “uncontested divorce”.

Do you need a lawyer to get a divorce in Tennessee?

You are not required to have an attorney to file for divorce in Tennessee, though it is recommended that you at least meet with an attorney before your divorce so that any potential issues can be addressed.

Are online divorces legal in Tennessee?

Unfortunately the State of Tennessee does not offer forms online to complete your divorce process. You will need to obtain any additional documents necessary to commence your divorce from your local county clerk’s office.

How long does it take to get an uncontested divorce in Tennessee?

In Tennessee, uncontested divorce (known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. You and your spouse must agree on all aspects of the divorce and not require the assistance of a judge in a court of law.

How do I start the divorce process?

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.

Can you divorce without the other person signing?

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. Assuming your spouse has still refused to show, the court will generally grant the reasonable requests of whichever spouse has appeared at the default hearing.

How long separated to be considered divorced?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

Tennessee's No-Fault Divorce Options

Tennessee is unique from a lot of states in that it is not purely a no-fault divorce state. Marital fault such as adultery, substance abuse, and neglect can all be taken into account in a Tennessee divorce. However, the state does have two no-fault based divorce options:

Tennessee's Fault-Based Divorce Options

If both spouses do not agree to the divorce, then the divorce is contested and the spouse seeking the divorce must prove fault. The fault-based grounds for divorce in Tennessee are:

Requirements for a Divorce in Tennessee

You must meet certain requirements before you can be granted a divorce in Tennessee:

Do You Have to Be Separated Before Filing for Divorce in Tennessee?

There is no requirement that you have to be separated from your spouse before you file for divorce in Tennessee unless you use the "two years separation with no minor children" grounds for divorce.

How to File for Divorce in Tennessee

The steps you will take when filing for divorce in Tennessee depend on whether you are filing a contested or an uncontested (agreed) divorce.

How Much Does It Cost to File for Divorce in Tennessee?

The cost of divorce can really add up. Filing fees in Tennessee range between $200 and $400, depending on the county. Each county lists its filing fees on its website. Other related costs include service fees (usually around $75), copy fees, and mediation fees.

Do You Need an Attorney to File for Divorce in Tennessee?

You are not required to have an attorney to file for divorce in Tennessee, though it is recommended that you at least meet with an attorney before your divorce so that any potential issues can be addressed.

How to file for divorce in Tennessee?

To file for divorce in Tennessee, if the grounds for divorce arose in Tennessee, the person filing for divorce (the petitioner) must have been a resident when the grounds arose. Otherwise, one party must be a Tennessee resident for at least 6 months. You may file in the Chancery Court or the Circuit Court (depending upon the county) in the county where you and your spouse lived at the time of separation, or the county in which the respondent resides. If the respondent is not a Tennessee resident, or is in prison, then the county in which the petitioner resides.

What is alimony in Tennessee?

Alimony is also referred to as support and maintenance in Tennessee. Absent an agreement regarding alimony, the judge will determine whether to grant alimony, as well as the nature, amount, length of term, and manner of payment, by considering all relevant factors, including:

How to divide marital property?

All other property is marital property. If you and your spouse cannot agree on the division of property, the judge will divide marital property, after considering all relevant factors, including: 1 the duration of the marriage, 2 each party’s age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities, and financial needs, 3 a party’s contribution to the education, training, or increased earnings of the other, 4 the relative ability of each party for future acquisitions of capital assets and income, 5 each party’s contribution to the acquisition, preservation, appreciation, depreciation, or dissipation of marital or separate property, including as a homemaker or parent, 6 the value of the separate property of each party, 7 the estate of each party at the time of the marriage, 8 each party’s economic circumstances when the property division becomes effective, 9 the tax consequences to each party, and any costs associated with an asset, 10 the amount of social security benefits available to each party, 11 whether either party should be awarded the family home and household effects, or the use thereof, with special consideration to a party having custody of a child, and 12 any other factors necessary to consider the equities between the parties.

Can you get divorced in Tennessee?

Grounds for divorce are legally recognized reasons to get a divorce. Tennessee, like most states, has what are commonly called no-fault grounds for divorce, and numerous traditional fault-based grounds. To get a no-fault divorce in Tennessee, you need to state in the Petition for Divorce that “there are irreconcilable differences between the parties.” You and your spouse must have a written agreement as to property division, and child custody and support.

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1. Fill in a divorce complaint form

To file for divorce, you will need to complete a divorce complaint in the county where your grounds (see below) occurred. If there are no grounds for divorce, or the grounds happened out of state, the residency requirement is at least six months for either you or your spouse.

2. File the divorce paperwork

To file the paperwork and start the divorce process in court, you will have to determine if you need a contested or uncontested divorce. Uncontested means that you and your spouse agree to all terms such as child custody, assets, debts, etc.

3. Serve the papers to your spouse

Once you have filed your papers at the courthouse, you need to serve them to your spouse. You can ask law enforcement (a sheriff) to do this, hire a process server (an unrelated third party that’s at least 18), or you can ask your spouse if they will sign a form that confirms they received the papers.

4. Negotiate and gather further information

If you and your spouse can negotiate the terms of the divorce, you will both save time and money. If this is not possible, you’ll want to provide all financial information, proof of fault, and everything else relating to the divorce at this time.

5. If you have children, attend the mandatory parenting class

In Tennessee, you will both be required to attend a parenting class before the divorce is finalized. It will teach you and your spouse how to co-parent and provide any help your children need while they are also experiencing divorce and its aftereffects. If you cannot afford the class, you can ask for a fee waiver.

6. Go to trial if you cannot settle

If you and your spouse cannot agree on anything in the divorce, you’ll need to go to court. Whoever filed first usually gets to speak first in the courtroom. Either way, make sure that you have appropriate court manners and are prepared for anything that will come out in the courtroom.

Frequently Asked Questions

No, Tennessee allows you to decide how to split everything between yourselves or, if you can’t agree, the judge will decide based on what is best and fair for all parties involved.

How to get divorce in Tennessee?

Tennessee has a simplified process of uncontested divorce known as "agreed divorce," but it's available only if you and your spouse: 1 do not have children together who are younger than 18, in high school, or disabled (and neither of you is pregnant) 2 do not own real estate or a business together 3 do not have retirement benefits 4 both want to end the marriage 5 agree on whether either of you will pay alimony (and if so, how much), and 6 agree on how to divide your property.

How long do you have to wait to get divorced in Tennessee?

For couples without unmarried children younger than 18, the waiting period is 60 days from when the divorce petition was filed. Couples with minor children must wait 90 days.

What happens if a judge doesn't agree to a divorce?

If the judge doesn't believe the agreement is both fair and adequate, you and your spouse may amend the settlement at the hearing. Once the settlement agreement is approved, the judge will incorporate it in your final divorce decree. Your divorce will be final when the judge signs the decree (which may not happen on the same day as the hearing). ...

Can you get divorced in Tennessee if you have minor children?

If you have minor children or the kind of property that disqualifies you from an agreed divorce in Tennessee, you may still get an uncontested divorce based on "irreconcilable differences.". As in many states, you can choose to file for divorce in Tennessee based on fault or no-fault "grounds" (legal reasons for ending your marriage).

Do you have to attend a final hearing before a judge?

Whether you file for an agreed divorce or a divorce based on irreconcilable differences, both you and your spouse should attend a final hearing before a judge in order to finalize your divorce .

Do you have to include a written agreement in a divorce in Tennessee?

When you file for an agreed divorce, you must include a written agreement (signed by both spouses) that includes detailed information about your personal property and debts, along with your agreement on the property/debt division and alimony.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What is the first box in divorce in Tennessee?

The information in this box is important. The first box in Row 1 shows that you are filing for divorce in Tennessee. The second box in Row 1 shows the type of court where you will file for divorce. Fill out the type of court where you will file for divorce. If you don't know which court, leave this box empty.

How does a divorce work?

In an agreed divorce, the spouses decide these things together but the court has to approve.The court wants to see that you divide your property and debts fairly. You have to list how all the property is divided, even if you think the property belongs only to one of you. The property division does not have to be equal. The court may change things if the agreement is not fair. The court may change things if one spouse will not have enough to live on.

Can you say you and your spouse can't get along?

No. You just have to say that you and your spouse can no longer get along and that you have no hope of working out your marriage problems. The court calls this “irreconcilable differences”.