Divorce is never a pleasant experience and the decision to file for divorce is often a complicated one. The practical, emotional, and financial issues involved in any divorce action can be overwhelming, however, in certain cases, people find that a divorce is necessary in order to lead a better and more peaceful life. When there is no possibility of reconciliation between spouses, we are here to help guide you through the divorce process in as dignified a manner as possible.

In Tennessee, there are two ways in which a couple can be divorced. You and your spouse can file an uncontested divorce action or one of you can initiate a contested divorce action. If you and your spouse wish to file an uncontested divorce action, you must have agreed on both the division of your property and debts. If there are children involved, you must have agreed to all co-parenting issues prior to filing for divorce.

A Marital Dissolution Agreement will also be prepared that sets forth your agreement regarding the division of your marital property and debt. If the parties have children together, they must enter into a Permanent Parenting Plan that provides for the care, custody and financial support of their minor children. Once both parties have the documents, the papers will be submitted to the Court and the mandatory waiting period will begin to run sixty [60] days if there are no minor children involved, ninety [90] days if there are minor children involved.

Once the waiting period has expired, a court date may be set. Only the Plaintiff needs to appear at the Final Hearing, and it is not necessary to have any witnesses in an irreconcilable differences divorce. After a short hearing, a divorce should be granted that day and the Final Decree of Divorce will be final after the thirty (30) day appeal period has run. During that thirty (30) day period you are divorced, however, since the decree is not yet final, we urge our clients not to remarry until this time period has expired.

A traditional contested divorce action is necessary when the parties cannot agree on an issue, such as the division of property or debt, alimony, co-parenting of the children, child support, or attorneys’ fees. In this event, grounds for divorce must be alleged in the Complaint and proven (or stipulated to) at the Final Hearing or Trial.

There are several grounds for divorce in Tennessee and the Court must find that one or both parties are entitled to a divorce on one of these grounds. In the event that your spouse has accused you of one of these grounds for divorce, there are a couple of defenses available (other than the allegation simply being unfounded or untrue).