Divorce Law
In search of divorce lawyers in Murfreesboro TN? Hudson, Reed & Christiansen, PLLC’s team of divorce attorneys provide representation in all stages of domestic relations and child custody proceedings. This includes but is not limited to, prenuptial agreements, legal separation, contested and uncontested divorces, child custody and visitation disputes, and child support disputes.
In order to get a Tennessee divorce, you must meet Tennessee’s residency requirements. You will qualify if the plaintiff spouse (the one who files for divorce) lived in Tennessee during the events that constitute the “grounds” (reasons) for divorce or if either spouse has lived in Tennessee for at least six months.
Tennessee law specifies the following as grounds for divorce:
“No-Fault” Grounds
- Irreconcilable differences between the spouses
- Two years of living in separate residences (if there are no minor children)
“Fault-Based” Grounds
- Cruel and inhuman treatment or indignity by one spouse toward the other that renders cohabitation unsafe or renders one spouse’s life intolerable (physical and/or verbal abuse)
- Abandonment or neglecting to provide for spouse, although able to do so
- Adultery by either spouse (cheating)
- Conviction of a felony crime or an “infamous crime”
- Habitual drunkenness or narcotics abuse beginning after the marriage
- Malicious attempt on the life of another
- Willful or malicious desertion or absence without reasonable cause for one year
- Either spouse was impotent and incapable of reproducing at the time of the marriage
- At the time of the marriage, the wife was pregnant by another without the husband’s knowledge
- Either spouse has knowingly entered into a second marriage while already married (bigamy)
- If one spouse moves from another state to Tennessee and the other spouse refuses to move (separation must be at least two years)
Types of Divorce in Tennessee
Contested vs. Uncontested Divorce
There are two types of divorces in Tennessee: uncontested divorce and contested divorce. Here are their differences:
Uncontested Divorce
Uncontested divorces are usually, but not always, based on irreconcilable differences. In an uncontested divorce, both parties agree on all significant terms of the divorce, including the splitting of marital property and allocation of marital debt, as well as a child custody and visitation agreement if children are involved. An uncontested divorce is typically less costly and time-consuming.
Contested Divorce
In a contested divorce, couples cannot come to an agreement on all major terms of the divorce. Further, contested divorces require proof of the grounds for the divorce. Contested divorces are more protracted and costlier than the alternative because these types of divorce proceedings often involve litigation and a trial; however, a contested divorce may be the best path for you to help you reach a satisfactory court order that protects your interests.
Tennessee Divorce Process and Needed Forms
Understanding Tennessee divorce laws and procedures can help you go in ready, prepared, and confident.
Divorce Process in Tennessee
Although the first step in any divorce proceeding is to file a request for divorce (otherwise known as a Complaint for Divorce or Petition for Divorce) with the court, the next steps depend on your unique situation and the type of divorce you are pursuing:
Couples who can agree on all parts of the divorce, including how to divide assets and debts, child custody, real property, retirement benefits, and joint businesses, can follow the process below:
Paperwork to submit to the Court Clerk’s office:
The following paperwork must be filed with the Court Clerk’s office, along with a filing fee.
- Request for divorce (Complaint)
- Personal Information forms: completed by both parties
- Health Insurance Notice: completed with a copy mailed to your spouse by certified mail
- Marital Dissolution Agreement / Divorce Agreement: signed and notarized by both parties
- Affidavits from each spouse (if no affidavits are filed, a court hearing is required)
- Agreed Parenting Plan (if children are involved)
- Final Decree of Divorce: signed by both parties
After 60 days (or 90 days if children are involved):
- Final divorce hearing (unless Affidavits are filed)
- Get a signed, certified copy of the Final Divorce Order and Divorce Agreement
If you cannot come to an agreement with your spouse about the major terms of your divorce, it’s best to consult with a divorce lawyer before submitting your petition for divorce. See below for the steps in a contested divorce:
- File a Complaint for Divorce
- Submit a Summons, which is served to your spouse. Your spouse must respond to the Summons within 30 days. The spouse may file a Counter Complaint, which requires a Counter Answer.
- Discovery: During this process, each party can request specific information from the other party relevant to property division, alimony, or child support.
- Pre-trial: During pre-trial court hearings, briefs are prepared for and presented to the court that outline important issues of the case.
- Mediation: Divorcing couples in Tennessee will likely be required to attend mediation in which a neutral third-party mediator meets with the divorcing couple to help them resolve their disputes without having to go through a court trial. Mediation is far less expensive than a full-blown trial, which involves attorneys’ fees and experts, such as appraisers and mental health professionals.
- Trial: If both parties cannot come to an agreement on a negotiated settlement through their attorneys, a full trial will take place. Ultimately, a judge will determine the grounds for the divorce, parenting plan, child support, alimony, and how assets and debts will be divided.
- Court decision: A judge makes the final decision. This may take place immediately after closing statements, or it can take days or weeks for the court to review the facts and evidence before issuing a written opinion.
- Appealing the decision: Within 30 days of the court’s order or ruling on the case, you may file a Notice of Appeal if you feel that the trial judge made a mistake of law.
Paperwork to submit to the Court Clerk’s office:
The following paperwork must be filed with the Court Clerk’s office, along with a filing fee.
- Request for divorce (Complaint)
- Personal Information forms: completed by both parties
- Health Insurance Notice: completed with a copy mailed to your spouse by certified mail
- Marital Dissolution Agreement / Divorce Agreement: signed and notarized by both parties
- Affidavits from each spouse (if no affidavits are filed, a court hearing is required)
- Agreed Parenting Plan (if children are involved)
- Final Decree of Divorce: signed by both parties
After 60 days (or 90 days if children are involved):
- Final divorce hearing (unless Affidavits are filed)
- Get a signed, certified copy of the Final Divorce Order and Divorce Agreement
What NOT to do while your divorce is being finalized:
- Disobey any court order
- Spend, give away, destroy, waste, or use up property from the marriage (including making large purchases, giving large gifts, etc.), harass each other, including sending mean/rude emails, texts, or messages to your spouse
- Stop or change insurance policies
- Incur any additional debts (including starting a new business and purchasing property)
- Hide, change, or destroy electronic evidence
- Post any information about your divorce on a social media site
- Move out of state with your children
- Transfer your children to a different school
- Get pregnant/get anyone pregnant
- Start another romantic relationship
- Criticize your spouse in front of your children, use your children as intermediates, or make your children choose sides
- Discuss settlement with your spouse (unless authorized in advance by your attorney)
An Explanation of Required Divorce Documents
What’s in a Divorce Agreement (Marital Dissolution Agreement)?
What’s in a Child Support Worksheet and Parenting Plan?
The Parenting Plan details the residential parenting schedule (day-to-day schedule, holidays, vacations, etc.), decision-making powers, and child support payments. You must know the child support amount in order to complete the Parenting Plan.
What Our Divorce Lawyers in Murfreesboro TN, Can Do for You
Whether it is a simple, uncontested divorce, or a complex, contested divorce, our attorneys have walked many others through this process and are here to help you navigate Tennessee’s divorce laws. This process only becomes more stressful and challenging when children are involved. You and your children need an attorney that understands the process.
While divorce is a stressful process, you do not have to go it alone. During this difficult time, you deserve a local attorney that cares about you and who knows how Tennessee law applies to your case. It does not matter if you are the one wanting the divorce or your spouse has filed the divorce. Our divorce lawyers can meet with you to begin working on your case. We are here to take the time to answer your questions and to be your advocate during this difficult time.