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Is Tennessee a No Fault State for Divorce?

In Tennessee, there are many traditional grounds for at-fault divorce, such as adultery, impotency, addiction, or a prison sentence. There are also cases where neither party is at fault for the split.

These no-fault situations include:

  • The couple has remained separated for two years and have no children under 18
  • The couple agrees that they have irreconcilable differences

In divorce cases where there is no fault, the couple will not have to undergo any sort of counseling or separative measures to ensure their broken marriage cannot be remedied.

Statutory grounds for divorce can include:

  • Impotency
  • Adultery
  • Desertion for at least one year
  • Criminal conviction that causes infamy
  • Prison sentence
  • Attempted murder of their spouse
  • Habitual substance abuse

At Goble & Yow Attorneys, PLLC, our Clarksville divorce attorneys understand that divorce is a complicated time in a person’s life. While the proceedings will be emotionally tricky, especially if they involve child support or custody issues, they can go more smoothly with the help of experienced Clarksville divorce lawyers. If you and your spouse are considering ending your marriage, contact our team and schedule a free consultation. We can help you take a look at your situation and make the right decisions during a Tennessee divorce to protect your interests.

Call (931) 283-2311 or contact us online for a free case review with a divorce lawyer in Clarksville, TN.

What Do I Need to File for Divorce in Tennessee?

Before filing for divorce in Tennessee, there are requirements by the state that must be met. The residency requirement is that you must have to have lived in the state of Tennessee for at least 6 months before filing. However, if you are a victim of domestic abuse or there is another emergency, you may be allowed to file immediately.

How Do I File for Divorce in TN?

To begin the divorce process, you must file a Summons and Complaint in the county that you live in. You may file with the Circuit Court or the Chancery Court -- it depends on the county in which you reside.

Divorce Process

After you file, divorce papers are served to your spouse. The papers can be served by your attorney, the sheriff’s office, or a process server whom you must hire. If it will not be a high-conflict divorce and your spouse provides consent, you will be able to mail the papers to them. However, remember that a Waiver of Service of Process must signed and filed as well.

The next step is to determine the grounds for divorce, settle property division, alimony, child support, and custody/visitation. If all matters are addressed you do not have children, the court can finalize the divorce after a 60-day waiting period. If children are involved, there is a 90-day waiting period. After the divorce is finalized, there is an additional waiting period of 30-days before you and your spouse can remarry.

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

The cost of a divorce in Tennessee can vary depending on the specific circumstances. For example, if there are significant property or assets to be divided an expensive legal battle could raise your overall settlement amount significantly
Divorce is always a complex and emotionally charged legal process, but it can be particularly challenging when the parties involved cannot agree on the terms of the divorce.

In Tennessee, this is known as a contested divorce and it can be a lengthy and expensive process. In contrast, an uncontested divorce is one in which the parties have already agreed on the terms of the divorce, including matters such as child custody, property division, and alimony.
If you are considering divorce in Tennessee, it is important to understand the difference between contested and uncontested divorce so that you can make the best decision for your situation. Having a skilled Clarksville divorce attorney to guide you through the process is essential.

The exact cost of divorce in Tennessee is going to vary in each case depending on the length and complexity of the divorce. More complex divorces take longer and will often have higher legal fees as a result. The base fee to file for divorce in Tennessee will range between $184 and $301. Differences in the filing fee costs depend on if children are involved and if the sheriff is the one to serve the papers.

It is important to discuss all of these factors with a Clarksville divorce lawyer to get an accurate estimate of the cost of the divorce.

What if My Spouse Refuses to Sign Divorce Papers in Tennessee?

A divorce can still be finalized even if your spouse refuses to sign the divorce papers in Tennessee. Instead, someone can file for divorce with the court. Once the court date comes, if the spouse that is refusing to sign the divorce papers does not show up, then the judge can sign a default divorce. Before granting a default divorce, the judge will ensure the original divorce papers were properly served and the recipient has had plenty of time to respond (30 days).

Is TN a 50/50 State for Divorce?

No, the state of Tennessee does not divide marital property right down the middle. Tennessee utilizes equitable distribution which requires the court to examine various factors before dispersing the assets in a fair and equitable way. These factors include:

  1. The length of the marriage
  2. The contributions of each spouse during the marriage
  3. The age, health, and overall well-being of each spouse

Keep in mind, equitable distribution is only used when the divorcing parties cannot come to a mutual conclusion as to who will get what property.

Does it Matter Who Files for Divorce First in Tennessee?

While the court nor the judge will be influenced by which spouse files first, there can be several distinct advantages to filing for divorce first in Tennessee:

  1. The spouse filing first normally presents their case first in a divorce trial.
  2. Filing first allows for significantly more time to prepare, especially if the other spouse is not ready for it.
  3. The spouse filing first also is allowed "dismissal upon reconciliation", meaning they can drop the case if the opposing spouse has not filed a counter-complaint. This is beneficial for those who have second thoughts and wish to reconcile with their spouse.

Divorce Cases We Handle in Tennessee

Our Clarksville divorce lawyers have more than 35 years of experience combined and are ready to answer your questions involving all matters involving divorce such as:

For skilled legal representation, speak with a divorce attorney in Clarksville at Goble & Yow Attorneys, PLLC. Your initial case review is free. With over 35 years of combined years of experience, our divorce lawyers in Clarksville bring a broad background of knowledge and insights to each case we take. We understand what it means to go through divorce, and we can help you construct an effective strategy to ensure your rights, interests, and future are protected throughout the proceedings.

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Contact a Clarksville divorce lawyer at Goble & Yow Attorneys, PLLC to request a free case evaluation. Dial (931) 283-2311 now.

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