Tennessee Divorce

There are two basic ways one can take in order to obtain a divorce in Tennessee.

One is a no-fault divorce based upon the grounds of irreconcilable differences. To obtain an irreconcilable differences divorce in Tennessee, it is necessary that you and your spouse enter into a property settlement agreement or a Marital Dissolution Agreement. Additionally, if you have children, it will be necessary for you to enter into a Parenting Plan which will provide for co-parenting time for each parent and child support.

Once the divorce is filed, there is a sixty (60) day waiting period before the divorce can be granted when you do not have minor children. In the event you have minor children, there is a ninety (90) day waiting period. The spouse filing the divorce will need to attend the final divorce hearing.

In an irreconcilable differences divorce, it is not necessary for you to bring any witnesses. The divorce will become final thirty (30) days after the final order is entered.

The other method to obtain a divorce is by filing on grounds such as inappropriate marital conduct, adultery, desertion, etc. Under this method, a Complaint is prepared which you sign, and is served upon your spouse. The spouse will have thirty (30) days in which to respond to the Complaint.

In any divorce based on grounds other than irreconcilable differences, it will be necessary that you prove your grounds by testimony in open court. In addition, the court normally requires at least two witnesses appear to corroborate your testimony. At the final hearing, the court will make a decision as to the matters of co-parenting time, child support, alimony, and division of property.

In the event it is necessary, a court often has a temporary hearing called a pendente lite hearing for the questions of temporary support, temporary alimony, temporary attorney’s fees, and temporary co-parenting time, during the pendency of the divorce case. This is not a final hearing. The court’s decision is only in effect until the final hearing. It is just an initial determination made with a minimum amount of proof. The most frequent reason to have a pendente lite hearing is to determine temporary child support until the divorce is granted.

A divorce based upon irreconcilable differences is usually the preferable means of obtaining a divorce if you and your spouse are able to reach an equitable property settlement agreement. The legal fees that you and your spouse will incur in a contested divorce are substantially more compared with the minimal charges for divorces based on irreconcilable differences. In addition, you and your spouse can normally reach a more equitable and more agreeable property settlement than the court will make for you.