Tennessee divorce details
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Uncontested vs Contested Divorce in Tennessee
The Uncontested divorce is a legal marriage termination that does not include any arguments between the spouses. The Uncontested divorce is usually a faster, cheaper and less stressful procedure than the Contested one. It involves such issues as giving the Petition for the divorce to the Supreme Court, serving another spouse with all the needed documents, going to the court hearing, etc. As you can see, the whole process of the Uncontested divorce requires your total control and attention, according to your case. The Contested divorce means that the marriage termination is not amicable at all and the couple cannot reach an agreement due to different issues. The Contested divorce is more expensive and time-consuming. It is harder to get all the papers and needed forms and, at least, it requires the expensive attorney help. The choice between two types of the divorce is rather vivid, isn’t it?
Uncontested Divorce in Tennessee
As we have already specified, the Uncontested divorce is the most suitable way to finish your legal marriage. In the Tennessee State, the Uncontested divorce has the grounds as follows:
- The abandonment
- The constant cruelty towards one of the spouses
- The constant drunkenness (including in the presence of the child)
- The adultery (if proved)
- The imprisonment of one of the spouses
- The incurable illness (mental or physical) of one of the spouses
All the grounds the Supreme Court studies in details before claiming about the Final Judgment. The Uncontested divorce is especially easy for the couple because all the grounds you do not need to prove in the courtroom. Both spouses have already agreed on all challenges, and the divorce can be without the help of the attorney or another third party.
Tennessee Residency Requirements to file for the divorce
In the Tennessee State the residency requirements can be as the following ones:
- Both spouses have lived in the Tennessee State for at least 6 months
- Both spouses have no children or have minor children
- Both spouses are willing to terminate their marriage
- Both spouses agree to divide the marital property according to the assets of each spouse
- Both spouses are able to support their child/children financially until he/she is 21 years old
It is really significant to meet all the requirements of the Tennessee State to get a legal divorce. The court will not approve your divorce if you have problems with any aspect of the residency requirements.
How to file for an Uncontested Divorce in Tennessee?
The proceeding of filing with the court is rather easy, here are some necessary steps of it:
- First of all, you put down a Petition for Divorce in the county you currently live
- You write all your spouse’s personal information and your Personal Information in the documents that are required for your case
- Then, you serve your spouse with all the forms, make 3 copies of each document
- Both you and your spouse file with the court with the documents
- The Court stipulates the specific waiting period for your couple and then claim the Final Hearing where you get a Divorce Decree.
As we have told you before, the price for the court, the preparation of the documents, dates of the court hearings and other items you should think over in advance, if you would not like to waste your time and money.
DIY Divorce in Tennessee
The Do It Yourself divorce is a process which allows you to complete all the divorce issues by yourself. You do not need to use the help of the attorney, in addition, you can represent yourself in the court and prepare all the documents to serve your spouse. You have all the abilities for your divorce case. On the one hand, it is really comfortable and cheap, but on the other hand, it is a risky deal, because if you do something wrong and the court will not approve your documents or something else, you will do everything from the very beginning. It is really annoying. For the accurate preparation of the documents you can order the online service and save thousands, but we will discuss it a little bit later. Nowadays, the DIY divorce is upgrading due to its increasing demand, so think about it right now, estimating all the pros and cons.
How much does an Uncontested Divorce cost in Tennessee?
The relative cost of the Uncontested divorce in the Tennessee State is $13 00. It includes all the additional payments for the filing fee, the price of the attorney service, the preparation of the documents, a Sheriff fee, etc. If you want to make this sum a bit lower, you need to order the online preparation of the documents and complete a DIY divorce. The price of the lawyer with a good qualification varies from $300 to $500 per hour. Every charge for the divorce is different, according to your case the fee can significantly fluctuate.
How Long Does It Take to Get Divorced in Tennessee
The Uncontested divorce can take 6-7 months, regarding the case. The Contested divorce lasts much longer, approximately 1 year or 1,5 months. You should agree all the disputable issues with your spouse in advance, in case you want to get the Final Decree earlier.
Papers and Documents You Need to Get a Divorce in Tennessee
All the papers that will be shown here are required by the court, but you may not use all of them. It is individually and depends only on the case. Here are the most popular documents to file with the court:
- Request for Divorce, Form 1
- Spouses’ Personal Information, Form 2
- Civil Case Cover Sheet
- Title IV-D Information Form, Form 10
- Request to Postpone Filing Fees and Order, Form 3
- Health Insurance Notice, Form 4
- Divorce Agreement, Form 5
- Parenting Plan Form and the Child Support Worksheet.
- Final Decree of Divorce, Form 6.
- Court Order for Divorcing Spouses, Form 7
- Divorce Certificate
- Notice of Hearing to Approve Irreconcilable Differences Divorce, Form 8
- Wage Assignment Order, Form 9
- Both Parties’ Personal Information, Form 2
- Request to Postpone Filing Fees and Order (Uniform Civil Affidavit of Indigency), Form 3
- Final Decree of Divorce (Marital Dissolution Agreement and Permanent Parenting Plan Order), Form 6
- Restraining Order for Divorcing Spouses (Statutory Injunction), Form 7
- Notice of Hearing to Approve Irreconcilable Differences Divorce, Form 8
- Order of Wage Assignment for Child Support, Form 9
- Title IV-D Child Support Information, Form 10
You should be highly attentive, to fill these forms accurately by yourself. It is better to order the paper preparation online and have a 100% court approval.
NB! Remember that you can’t send to the court documents online! You can just order and print them from the website.
How to serve your spouse in Tennessee
You can provide your spouse with all the documents by yourself, by email or by the post. Another variant-you can hire a Sheriff who will legally deliver all the papers to your spouse. The Sheriff cost is under $75, depending on the spouse’s destination. If you want to serve your spouse with the divorce documents to another county, the price will begin at $100.
Online Divorce in Tennessee
We have already understood with you that the Online divorce is a rare service that helps you to complete the divorce papers faster and cheaper. The price for the online preparation of the documents on our website is $149. You will definitely pay the triple fee for the attorney help. In the Tennessee State, the online divorce is really well-spread, due to its comfort and convenience. We are recommended by many lawyers and grateful clients, so it is solely your deal which service to choose.
Rules for child support in Tennessee
In Tennessee, child support laws are truly essential for the whole divorce proceeding. The parents should do their best to prevent the child from the loneliness/misunderstandings/bad thoughts, etc. For the first time, the Supreme Court supports the child’s interests and then digs into the parents’ issues. The court takes into account such items of the child custody as:
- the pension income
- the unemployment insurance benefits
- the disability insurance benefits
- the social security
- the value of the personal business
- the sum of the support is currently inappropriate for one of the spouses
- the spouses cannot reach an agreement
- one of the spouses has suddenly disappeared and does not pay his share
The court considers such items very carefully. The child should be supported even if one of the parents has some current financial difficulties. With the help of the Child Support Worksheet, both spouses calculate the sum that can be given monthly to the child’s needs and agree about the financial shares. The couple may also use the help of the attorney to develop the case and stipulate all the child custody issues.
Rules for spousal support in Tennessee
The spousal support plays a significant role in the divorce process as well. The spouses have different incomes and abilities. It can be a highly disputable issue to agree on the rules of the spousal support. There are several aspects that the court will surely take into account during the divorce proceeding, here they are:
- the marital behavior of both spouses
- the income of both spouses
- the age and the physical abilities of both spouses
- the term of the marriage
- the living standards of both spouses
- the level of education of both spouses
- the debt rate of both spouses
- the tax rate of both spouses
The spouses try to prove their rightness in this question, they can hire the attorneys and defend their position, but only after the detailed observation, the court can make any decision regarding the spousal support.
Division of property in Tennessee
According to the Tennessee legislation, there are two types of the family property: marital and separate. The marital property can be shared between the spouses, but the separate one cannot be shared because it was bought/taken/obtained by one of the spouses before the marriage registration. The spouses should show the Supreme Court their checks, details of the process of buying this or that thing. The spouses also should arrange the documents for all the separate property, to prove that this property is truly separate. The hard task of the court is not to miss a tiny feature and share the property as fairly as possible.
Divorce Mediation in Tennessee
The Mediation proceeding helps the spouses to get an agreement on all the trouble items. The third party, usually an attorney or a mediator, appoints several meetings for negotiations and assists all of them. The Mediation is an integral part of the Contested Divorce where the spouses cannot come to the agreement. When the consensus is finally found, the Mediator assures the court that the mediation process is already completed.
How to divorce a missing spouse in Tennessee
In the Tennessee State, the divorce with the missing spouse has the same jurisdiction as the regular divorce process, but we can admit, that you should try to find the missing spouse and warn him/her about the divorce beginning. You can ask his/her parents or relatives about his/her location. You also can try to find the missing spouse through the police or the local newspapers, but anyway, if you cannot find him/her, you should tell it to the court and the judge will stipulate the divorce without your missing spouse.
The Default Divorce in Tennessee
If another spouse ignores the divorce proceedings and does not want to answer the Petitioner, such divorce is called a Default one. Regarding Tennessee legislation, the Default divorce is a bit harder process. You can begin the Default divorce with writing a Motion for Default Judgment and an Order Granting Default Judgment. You have to file these 2 significant documents with the court. The following step for the court is to stipulate the hearing date, mediation process, regulate the child custody and spousal support questions, etc. The Default divorce is slightly more expensive than the No-Fault one. It depends on the additional expenses, but according to your case, the duration and price of the documents can vary.
Default vs No-Fault Divorce in Tennessee
Needless to say, that the No-Fault divorce is much easier, less expensive and the most convenient way of the divorce. If the divorce is the No-Fault one and you have minor children, the waiting period of the whole proceeding is 90 days. If you do not have children in total, it can take only 10 days or fewer, that is really comfortable. With the Default divorce you can have a longer waiting term or a bigger fee, but, as we have just pointed out, the cases are entirely distinct, and you have to solve especially your business.
How can I get a Default Divorce Hearing in Tennessee?
To have the Default divorce hearing in the Tennessee State you have to prove that you have already notified your spouse about your plans. In general, you should notify your spouse the last time about the court hearing 10 days before the hearing itself. Your spouse can claim that he/she didn’t receive any forms and documents from you, so it will be more comfortable for you to hire the Sheriff who will give the documents to your spouse and will take a Notice of the delivery fact. If your spouse proves that he/she failed to get the documents, the judge can arrange one more hearing, that will take some extra time. Be sure, that your spouse has really everything needed for the divorce.
Annulment of the marriage in Tennessee
The process of the annulment is rather popular in the Tennessee State because the annulment means that the marriage wasn’t legal in general and all the liabilities of such a marriage are also not legal anymore. There are many grounds for the annulment of the marriage in Tennessee, let’s look at them together:
- one of the spouses couldn’t recognize what the legal marriage was and what responsibilities he/she currently has at the marriage registration
- one of the spouses was underaged at the marriage registration
- the spouses are blood relatives
- one of the spouses has another legal family
- one of the spouses married another one by fraud actions
- one of the spouses denies any spousal activity, does not want to fulfill marriage duties
The court will examine all the details of the current annulment of the marriage and will appoint the court hearing date.
Legal Separation in Tennessee
The Legal Separation means that the legal marriage is not terminated, however, the spouses live separately. The legislation of the Tennessee State allows the spouses to have the separation, but anyway it is strictly prohibited to marry another person until your current marriage is over. The spouses can have the legal separation approximately 1 year and then it is better to divorce officially.
The Same-Sex Divorce in Tennessee
According to Obergefell v. Hodges, on June 26, 2015, the same-sex marriages and divorces were allowed in the USA. The same-sex couples got similar rights for the main divorce issues as any other divorcing couple. In the Tennessee State, it is so easy for the same-sex spouses to get a divorce, there are some peculiarities of this event, here they are:
- The child custody can be confused due to the fact that both parents are not the blood relatives of the child
- If both spouses are official parents, the child support is similar to the regular divorce rules
- Assets and the marital property should be shared regarding Tennessee legislation
As you can see, the same-sex divorces are completely equal to the regular or traditional ones, but, as in any case, they may include several difficulties.
Military Divorce in Tennessee
To have a divorce with a military spouse, you have to serve him/her with all the documents for the divorce in advance. You may send the divorce documents to your military spouse by Certified email or post. You also can deliver them by the Sheriff or by yourself. The military spouse can be far away from the county you currently live, so you should ask the legal body for the permission to have a hearing without him/her in the courtroom. The Divorce rules are the same as the usual ones for the military type of the marriage termination.
How to divorce a spouse in a jail in Tennessee
The spouse who is in a jail has the same rights for the divorce proceeding, like any other person. He/she is served with all the papers to file with the court then you receive either the signed documents or the documents that were rejected by your spouse. You can send the papers also by the post or with the help of the police.
Divorce filing fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a fee be waived?
In the Tennessee State, you should first have the evidence, that you cannot manage to pay for the divorce. It can be the certificate of your annual/monthly profit, the health conditions or else. In order to have the waived fee, you need to sign the Affidavit for the court.
How we can help
Well, the divorce proceedings are the inevitable part of usual life, everybody can face such problems. Our duty is to make you feel better and more confident during the divorce process. Our ready document for the court will be without any inaccuracy, and you will have 100% court approval. Moreover, you will economize your time and money. We are ready to assist you whenever you need our help. Be strong and think positively with us.
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