Legal Requirements for Filing for Divorce
Contested vs. Uncontested Divorce
Going through a divorce is a challenging, overwhelming and emotional process. Understanding the legal requirements and steps involved in it can help alleviate some of the uncertainty. If you’re considering divorce in Tennessee, here’s an overview of what you can expect, from the legal requirements to the steps involved and common challenges you might face along the way.
While each divorce is unique, there are some basic requirements no matter what your individual situation. Typically, divorces fall into one of two broad categories: Contested or Uncontested.
A contested divorce is when you and your spouse are not going to agree on every term in your divorce. In Tennessee, although there are always exceptions, parties are required to attend mediation before litigating in court.
An uncontested divorce is when you and your spouse agree on all facets of the divorce.
Initial Steps
Every divorce begins by filing a complaint for divorce with the appropriate Court in your county. Once the complaint is filed, your spouse is served with the complaint. This is usually accomplished by either the local Sheriff’s office or a private process server. Once your spouse has been served, they have 30 days to file an answer. Typically this is where your spouse will hire an attorney to respond to the Complaint.
As mentioned, in a contested divorce in Tennessee, you are required to participate in mediation prior to litigating before a Judge. The mediator is chosen by your attorney and your spouse’s attorney and the cost is typically split between you and your spouse.
Discovery Process
It is often helpful to initiate the discovery process prior to mediation. The discovery process involves gathering and exchanging information relevant to the case. This can include financial documents, property records, and any evidence related to the grounds for divorce.
If you and your spouse are unsuccessful at settling all of the issues during mediation, the case will be set for trial.
Once all issues are resolved, the court will issue a final decree of divorce. This document finalizes the divorce and outlines the terms agreed upon or ordered by the court.
Waiting Periods
The first waiting period occurs after you file the complaint and your spouse is served. Your spouse has up to 30 days to respond to your complaint for divorce. If discovery is issued to your spouse, they are given 30 days to provide their responses and production of documents.
Divorces without minor children require a 60-day waiting period from the date of filing before the case be concluded. This does not mean your divorce WILL be completed in 60 days, only that it cannot be concluded sooner than 60-days.
Divorces with minor children require a 90-day waiting period from the date of filing before the case can be concluded. Again, this does not mean your divorce WILL be completed in 90 days, only that it cannot be concluded sooner than 90-days.
Ultimately, it is difficult to determine how long your divorce will take to complete. It depends on the issues involved, the level of contention between you and your spouse, the availability of court dates, etc.
Divorce can be emotionally and financially challenging. To address these challenges, it’s important to have a clear understanding of your rights and obligations, as well as realistic expectations about the outcomes.
Working with an experienced family lawyer can make a significant difference. They can provide guidance on the legal aspects of the process, help you navigate negotiations, and represent your interests in court if necessary. Additionally, seeking support from a counselor or therapist can help manage the emotional stress of divorce.
If you’re facing a divorce, reach out to us today to discuss your case and start planning your next steps.
