Filing for divorce can feel challenging, but understanding the requirements can clarify things.
Ensure You Meet the Residency Requirement
Before filing for divorce in Tennessee, at least one spouse must have been a state resident for at least six months. This requirement ensures that Tennessee courts have jurisdiction over your case, allowing them to hear and finalize your divorce.
Understand the Parental Education Seminar Requirement (If You Have Children)
If you and your spouse have children under 18, Tennessee law requires both parents to complete a parental education seminar. This seminar is designed to help parents manage co-parenting responsibilities post-divorce, guiding how to support children through the transition. You’ll need to complete this seminar before the divorce can be finalized, so be sure to factor this into your timeline.
Determine if Your Divorce is Contested or Uncontested
In Tennessee, divorces can be either “contested” or “uncontested.” An uncontested divorce occurs when both spouses agree on all key issues (like asset division, alimony, and child custody), and these cases are generally quicker and less costly. A contested divorce, however, happens when there is disagreement on one or more major issues, which may require court intervention and, often, a longer timeframe.
File the Divorce Petition
Once the requirements are met, the next step is to file a petition for divorce with the court. This document outlines your request for divorce, including grounds for the separation. In Tennessee, grounds can include both “fault” (e.g., adultery, abandonment) and “no-fault” (irreconcilable differences) reasons. You’ll file this document with the Circuit Court in the county where either you or your spouse resides.
Serve the Divorce Papers
After filing, you must ensure your spouse receives a copy of the divorce papers. This step, called “serving” the papers, notifies them of the legal action. In most cases, the spouse will either sign a waiver acknowledging receipt or be served by a process server or sheriff.
Await the Waiting Period and Finalize the Divorce
Once all the necessary steps are completed, there’s a mandatory waiting period. For couples without children, the waiting period is 60 days; with children, it’s 90 days. Afterward, if both parties agree or the contested issues are resolved, the court can issue a final divorce decree, officially ending the marriage.
Divorce is never easy, but knowing the process can make it more manageable. Consulting with a family law attorney can also help ensure you understand your rights and responsibilities, guiding you through each step. If you’re in Memphis and considering divorce, we’re here to help answer your questions and provide support during this difficult time.
