If you are ready to file for divorce in Tennessee, you should consult a trusted lawyer to review your situation and make sure that the course of action you are considering is appropriate for your specific circumstances and goals. In Tennessee, three types of divorce exist: agreed, no-fault, and fault divorces. Understanding their requirements can help you determine which type you are eligible for and interested in pursuing.
An agreed divorce, also known as a simplified divorce, has the following requirements:
- At least one spouse has resided in Tennessee for six months or more
- You share no children that are under the age of 18, have a disability, or are still attending high school
- You are not expecting a child
- Both parties want the termination of the marriage
- You do not own any real estate property or business together
- You agree on property division and spousal maintenance payments
In such cases, you generally sign a divorce agreement that features all the terms of the termination of your marriage, which a judge needs to approve.
If you and your spouse do not meet the eligibility criteria to file for an agreed divorce, you still have the opportunity to get a no-fault divorce if you can agree on all issues pertaining to the termination of your marriage. You typically state on your paperwork that you and your spouse are incompatible or have “irreconcilable differences.” This type of divorce is also known as an uncontested divorce. It can be a time and cost-effective solution.
If you do not share minor children with your spouse, the waiting period before the finalization of your divorce is 60 days. If you share children, the waiting period is 90 days to account for negotiations concerning child custody and support between both spouses. A no-fault divorce can alleviate the stress associated with divorcing and can help you set amicable co-parenting foundations if you have children together.
Your third option is a fault divorce, in which one party claimed that the other’s behavior led to the termination of the marriage. Since you need to prove in court that the fault occurred, the process usually takes more time but can be effective in certain circumstances, especially to protect your right if the other spouse is at fault. This type of divorce can also be referred to as a contested divorce.
Acceptable grounds for a fault divorce in Tennessee include:
- Felony convictions
- Inappropriate marital conduct
- Physical cruelty
- Substance use disorder
If you are unsure which ground(s) to file a fault divorce for, a divorce lawyer can assess your situation and recommend which one(s) fits your circumstances.
Trust Conner & Roberts, PLLC to Protect Your Interests During Your Divorce
Tennessee does not require you to hire a divorce lawyer, but professional legal counsel and representation can make a significant difference when you terminate a marriage. Even in amicable situations, a reputable lawyer can make sure that your agreements protect your rights and interests. At Conner & Roberts, PLLC, we bring extensive experience and compassionate advice to support you during this life transition.
We can accompany you from the early stages of the divorce process, including reviewing your situation to determine which type of divorce may be appropriate for your circumstances, all the way to the final court ruling. Our team can advocate for you whether you resolve your divorce outside of the courtroom or choose litigation.
Are you considering filing for divorce in Chattanooga or its surrounding areas? Call Conner & Roberts, PLLC, today at (423) 299-4489 or fill out our online form to schedule a consultation!