Making the decision to end a marriage can be very stressful and emotional,
but your divorce doesn't have to strain every aspect of your life. With
the right family lawyer on your side, you can feel confident knowing your
interests are prioritized.
At
Casey, Simmons & Bryant, PLLC, our Jackson divorce attorneys are dedicated to protecting the well-being
of your children and family. The goal of our team is to preserve relationships
and to help you move forward with your life in the best possible way.
We want to help keep you calm throughout the proceedings so you can focus
on what is most important to you.
What Is the Divorce Process in Tennessee?
In order to get a divorce in Tennessee, you or your spouse will need to
be a resident of the state for at least six months prior to filing. Once
you’ve met the residency requirement, you’ll need to decide
whether you are filing for an agreed divorce, a no-fault divorce, or a
fault-based divorce.
The forms you complete will vary depending on the type of the divorce,
but, in general, you will need to fill out the following:
- Request/Complaint for Divorce
- Your Spouse's Personal Information
- Health Insurance Notice
For agreed divorces, you will also need to complete:
- Divorce Agreement
- Final Decree of Divorce
- Court Order for Divorcing Spouses
After completing the required forms, you will need to make copies of everything:
one for your records, one for the court and one for your spouse.
You will then file the forms with the clerk’s office in the county
where you and your spouse live, the county where your spouse currently
lives, or the county you lived at the time of your separation. There is
a filing fee, but, if you cannot afford it, you may file a Request to
Postpone Filing Fees and Order.
Contact us today if you have any questions about filing for divorce in TN, and set
up a free consultation! We serve Jackson, Clarksville, and all of middle
and west Tennessee.
If you are filing for a no-fault or fault-based divorce, you will need
to have the divorce papers personally served to your spouse. You will
then need to wait at least 60 days after filing the Request for Divorce
before you can schedule your divorce hearing.
During the divorce hearing, the judge will likely ask you questions about
your marriage, as well as other items on the forms, before approving your divorce.
Additional Reading:
How Much Does It Cost to File Divorce in TN?
Depending on whether you have children or if the sheriff serves the divorce
papers to your spouse, the filing fees for a divorce in Tennessee can
cost anywhere from $184 to $301.
Does It Matter Who Files for Divorce First in Tennessee?
Although Tennessee judges treat the petitioner and a defendant equally,
there may be some advantages to filing first, such as:
-
Deciding on the grounds for divorce;
-
Having the time and resources to prepare;
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Having more control over the process;
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Getting to choose which county to file in; and
-
Taking the lead (in contested divorce cases, this means presenting your
case first).
Effective Solutions for Complex Divorce Matters
Although many divorce cases can be handled amicably, there may be times
where you and your spouse simply cannot reach an agreement. If you are
struggling with the various matters in your divorce, then we can help
you achieve positive settlements in or out of court. As skilled negotiators
and litigators, we are ready to guide you through every step of the divorce process.
Our divorce lawyers in Jackson and Clarksville, TN can assist you if you
are currently involved in a dispute over these family law matters:
Commonly Asked Questions
What are the steps to file for an uncontested divorce in Tennessee?
To file for an uncontested divorce in Tennessee, you must first ensure
you or your spouse have been a resident of the state for at least six
months. Next, you'll need to complete and file several forms, including
the Request/Complaint for Divorce, Divorce Agreement, and Final Decree
of Divorce. Copies of these documents must be made for your records, the
court, and your spouse. Finally, submit the forms to the clerk's office
in the appropriate county, along with any required filing fees. If you're
unable to afford the fees, you may request to postpone them.
How can I ensure my children's well-being is prioritized during my divorce
in Jackson, TN?
Ensuring your children's well-being during a divorce involves choosing
a family lawyer who understands the importance of family dynamics and
strives to preserve relationships. In Jackson, TN, our attorneys focus
on creating a supportive environment for your children and aim to minimize
the impact of the divorce on their lives. By working with a compassionate
legal team, you can maintain a sense of calm and stability for your children
throughout the divorce process.
What is the difference between an agreed divorce and a no-fault divorce
in Tennessee?
An agreed divorce in Tennessee is one where both spouses agree on all terms,
including property division, child custody, and support. This type of
divorce typically involves a Divorce Agreement and can be resolved without
a trial. A no-fault divorce, on the other hand, means that neither spouse
blames the other for the breakdown of the marriage, citing irreconcilable
differences as the reason for the divorce. Both types of divorces can
be filed in Tennessee, but the processes and forms involved may differ.
Can I file for divorce in Tennessee if I can't afford the filing fees?
Yes, if you are unable to afford the filing fees for a divorce in Tennessee,
you can file a Request to Postpone Filing Fees and Order. This request
asks the court to defer or waive the fees based on your financial situation.
It's important to provide accurate financial information in your request
to ensure the court can make a fair assessment of your ability to pay the fees.
