how to file for divorce in tennessee without an attorney

by Dr. Nels Steuber Jr. 5 min read

If you decide to go in for a DIY divorce without the assistance of a lawyer, then you can download the various forms needed to file for divorce on the Tennessee court website. The website also has a document that explains in details about how to go about seeking an “agreed divorce”, the criteria required and the process.

Full Answer

How do I file for an agreed divorce in Tennessee?

If you are still thinking you might file for divorce without a lawyer, consider buying and reading my book: The Tennessee Divorce Client’s Handbook. It’s easy to read and understand. Originally, I wrote this book for my clients. It introduces legal terms, basic Tennessee divorce law and family court procedure.

Can you get an agreed divorce without a lawyer in Tennessee?

Feb 25, 2022 · If you decide to go in for a DIY divorce without the assistance of a lawyer, then you can download the various forms needed to file for divorce on the Tennessee court website. The website also has a document that explains in details about how to go about seeking an “agreed divorce”, the criteria required and the process.

Do divorce papers have to be notarized in Tennessee?

How to File a Divorce in Tennessee Without a Lawyer. If you have questions about how an uncontested divorce in Tennessee works, please call us toll free at (888) 665-6782 Mon.- Fri. 8am to 5pm PT. We provide unlimited support for all of our customers through our Tennessee Divorce Online Help Center.

How do I list dependents in a divorce in Tennessee?

Request for Divorce, Form 1. Must be signed and notarized. Spouses’ Personal Information, Form 2 Fill it out and put it in a letter-size envelope. On the outside, write both spouses’ names and your case number. The Court Clerk will give you your case number.

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Can you file for divorce in TN without an attorney?

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.

Can you get a divorce without going to court in TN?

Do I have to go to court for a Tennessee divorce? Not always. If the parties can reach an agreement on all issues, they will “settle.” A settlement can be reached between the parties by exchanging settlement agreements or at mediation.

Can you file your own divorce in Tennessee?

Getting Help Filing Your Tennessee Divorce If you're getting an agreed divorce and you'd like to DIY your divorce, you can use either the forms for an agreed divorce with children or the forms for an agreed divorce without children.

How long do you have to be separated to get a divorce in Tennessee?

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 get divorce without any reason?

The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. 2. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

Can you file for divorce online 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.

What forms do I need to file for divorce in Tennessee?

The forms needed to file for Tennessee divorce are a Complaint for Divorce, Summons, a spouses' personal information form, and any other form required by your local court.

How can I get a quick divorce?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

Can you get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

What is a wife entitled to in a divorce in Tennessee?

separate assets or property; the standard of living during the marriage; contributions as a homemaker, help with the other spouse's training, education, or increased earning capacity of your spouse; each party's fault in contributing to the divorce; and.

How do you get legally separated in Tennessee?

The legal separation process begins when either spouse files a petition with the court. At least one spouse must meet the state's residency requirement (being a Tennessee resident for at least 6 months before filing). The filing spouse must provide the court with the grounds (legal reason) for the request.

Does it matter who files for divorce first in Tennessee?

As in other states, Tennessee judges treat a petitioner and a defendant equally fairly. Therefore, officially, it makes no difference which spouse initiates a divorce. Yet, filing for divorce first in TN can bring several benefits that we will discuss below.Mar 29, 2022

How long do you have to live in Tennessee to file for divorce?

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.

How long does it take to get divorced in Tennessee?

To file for divorce in Tennessee, either your spouse or you must have lived in the state for a minimum period of 6 months before you can file for divorce. A no-fault divorce takes around 2-6 months to be finalized. There’s a mandatory “cooling off” period:60 days after the filing of the divorce complaint, if the couple does not have kids.

What is a PPP in Tennessee?

A “Permanent Parenting Plan” (PPP) is needed for spouses to get a divorce in Tennessee. The PPP lists all the obligations and rights of each of the parents and also states which parent can make decisions. Either both parents can make decisions jointly or just one parent can make decisions.

What happens if you don't agree with your spouse on divorce?

Your divorce case will go to trial and will be heard by a judge, if your spouse and you are not able to agree on the various issues regarding your divorce such as property and debt division, child custody and support, spousal support, etc.

How to serve divorce papers on spouse?

Once you file the papers with the court clerk, you must immediately serve the papers on your spouse. Either your lawyer or you can hire the sheriff’s office or a process server to serve your spouse with the divorce complaint.

How much does it cost to file divorce papers?

FEES: The fees to file your divorce papers vary from one county to another and can cost between $100-$500. Service of the papers on your spouse can cost between $75-$100, depending on the method of service.

How long do you have to wait to file a divorce agreement?

However, if the waiting period is more than 180 days after the Divorce Agreement form was signed, then you will be required to file a new form.

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.

How to divorce in Tennessee?

According to Tennessee divorce laws, the following are grounds for divorce: 1 Either party at the time of the marriage was/is naturally impotent and incapable of procreation. 2 Either party has gotten married a second time while still married to someone else. 3 Either party has committed adultery. 4 Desertion or abandonment by a party without cause for one whole year. 5 Being convicted of a crime that renders a party infamous. 6 Being convicted of a felony and sentenced to serve time in a penitentiary. 7 Either party has attempted to kill the other party. 8 Refusal by either party without cause to move to Tennessee with their spouse and being absent from Tennessee for 2 years. 9 The woman was pregnant at the time of the marriage by another man without the knowledge of the husband. 10 Either party is habitual drunkenness or abuse of narcotics by either party, and the habit was contracted after the marriage. 11 Inappropriate marital conduct. 12 Offering indignities to a spouse and thereby causing a spouse to withdraw. 13 One spouse has abandoned or turned the other spouse “out of doors,” and has refused to provide for the spouse while being able to do so. 14 Irreconcilable differences. 15 For a continuous period of two years or more, the parties have failed to cohabit, and there are no minor children.

What are the grounds for divorce in Tennessee?

According to Tennessee divorce laws, the following are grounds for divorce: Either party at the time of the marriage was/is naturally impotent and incapable of procreation. Either party has gotten married a second time while still married to someone else. Either party has committed adultery.

What happens if my spouse doesn't sign divorce papers in Tennessee?

In Tennessee, if a spouse will not sign divorce papers after being served, there are still ways to move forward with the divorce. You can file with the court and await an assigned court date. If your spouse does not show up for that court date, the judge will grant a divorce by default judgment.

How long does it take to get divorced in Tennessee?

Pursuant to Tennessee Code Annotated 36-4-101, the absolute quickest that you can get divorced in Tennessee is 60 days after you file the complaint at the courthouse requesting a divorce. The law says that if you are getting divorced, and you have no children, you cannot get divorced until 60 days after the divorce paperwork is filed.

What happens when one spouse files for divorce from another?

Each parent attends a four-hour parenting class, they exchange preferences and requirements, and then mediation is held with both parents to try and find a settlement without going to trial.

What is marital property in Tennessee?

Marital property is generally defined as anything purchased during the years a couple is legally married and can include homes, boats, automobiles, etc.

How long did a woman stay in Tennessee after refusing to move?

Refusal by either party without cause to move to Tennessee with their spouse and being absent from Tennessee for 2 years. The woman was pregnant at the time of the marriage by another man without the knowledge of the husband.

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 all your property and debts fairly. You have to list how all the property is divided. Even if you think the property belongs to only one of you, it must still be on this list. The property division doesn't 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.

What is a restraining order in divorce?

The Statutory Injunction tells both spouses not to spend, give away, destroy, waste or use up property from the marriage.

How long do you have to live in Tennessee to file for divorce?

To file for an agreed divorce, you must meet several requirements, including: One or both of you have lived in Tennessee for at least the past six months, or you both lived in Tennessee when you decided to divorce. You have no children with your spouse who are under age 18, still in high school, or are disabled.

What happens if you are not truthful in your divorce papers?

If you are not truthful in these documents, which will be filed with the court, you could be subject to perjury. First, fill out the Request for Divorce ( Form One ). Both parties need to sign this and it must be notarized. Ask the clerk whether you need to fill out a summons or a Civil Case Cover Sheet.

How long do you have to wait to get divorced?

Wait at Least 60 Days. Call the clerk to ask how to get a court date for the Final Divorce Hearing. Once the hearing date is set, plan on attending the hearing. Some counties require both parties to be present, however, at a minimum the spouse who filed for the divorce must be present. 5.

What to do if your spouse doesn't attend the hearing?

If your spouse did not attend the hearing, mail them a copy of the order. If for some reason an agreed divorce doesn't pan out, consider the council of a Tennessee attorney to walk you through a regular divorce. This portion of the site is for informational purposes only. The content is not legal advice.

Can you file for an uncontested divorce in Tennessee?

By Christine Funk, J.D. In Tennessee, parties can file for an uncontested divorce, referred to as an “agreed divorce," if they meet certain requirements and take the necessary steps. 1. Make Certain You Meet the Requirements. To file for an agreed divorce, you must meet several requirements, including:

Is Tennessee divorce form legal?

Fill Out the Universal Forms for an Agreed Divorce. Tennessee offers free, court approved divorce forms. The Tennessee Supreme Court has declared these forms as “universally acceptable as legally sufficient.". However, it is only legally sufficient if you fill the forms in properly and tell the truth in response to all questions on the forms.

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.

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