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Divorce

What Is an Uncontested Divorce in Tennessee?

Many couples planning to file for divorce hope to complete the process as quickly and painlessly as possible. Divorce is a financial, emotional, and psychological challenge for everyone involved, and many feel the legal hurdles of a trial add unnecessary stress and suffering to the process.

Generally, uncontested divorce (also known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. However, not everyone will qualify for this streamlined procedure. You and your spouse must agree on all aspects of the divorce and, therefore, not require the assistance of a judge in a court of law. Mediation is an option for those who want to get an uncontested divorce but do not yet agree on all points.

Filing an Agreed Divorce in Tennessee with Children

Tennessee courts generally refer to uncontested divorces as agreed divorces. Fortunately, you may still be able to file this way even if you have children with your spouse, but the procedure will require additional steps.

When you file an uncontested divorce with children, you and your spouse must meet all the following requirements:

  • The children you have with your spouse must be under 18, in high school, and/or disabled. This includes any children you and your spouse adopted or had together before marriage.
  • You and/or your spouse are not pregnant.
  • You both want the divorce and will sign the Divorce Agreement.
  • You both agree on alimony, property division, child support, and the Parenting Plan.
  • One or both of you have lived in Tennessee for the last 6 months.

If you or your spouse had a child with a different biological father (or adopted with a different person), you will not be able to use this streamlined procedure. Additionally, you will not qualify if someone besides you or your spouse is entitled to custody or visitation.

When you file an agreed divorce with children in Tennessee, our attorney can prepare the necessary documents for submission to the Court Clerk’s office. These documents typically include grounds for divorce, personal information from you and your spouse, and child support and parenting plans. If you cannot afford the filing fees for these documents, you may qualify for a waiver.

Once the Clerk’s office receives and validates your documentation, one or both of you (depending on the circumstances) will need to attend the Final Divorce Hearing. The court will need to legally recognize your irreconcilable differences and issue a Final Divorce order before you and your spouse are considered divorced.

Filing an Agreed Divorce in Tennessee Without Children

To qualify for this procedure, you and your spouse must have no children together who are under 18, in high school, or disabled. Without the need to arrange child support or determine child custody and visitation, this type of agreed divorce will require fewer forms and, depending on when you schedule the hearing, less time to complete. All other steps and requirements (except those related to children) will still apply.

Get in Touch with Our Firm for Personalized Support

Couples in Tennessee hoping to file an uncontested divorce may be tempted to use online guides to complete the procedure on their own. However, every family’s situation is unique, and our qualified legal team at Goble & Yow Attorneys, PLLC will help you determine the most appropriate path forward. Your circumstances may yield complex legal implications, and we will guide you through the procedure with the skills that only come from decades of experience.

If you are ready to take the first steps toward a better future, we are ready to stand by your side. Schedule your consultation or call us at (931) 283-2311 today.

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