No couple enters a marriage without the expectation of it enduring a lifetime. Unfortunately, many marriages end in acrimony and separation. Some couples part without any lasting bitterness and remain friends, while others go through bitter and costly divorce battles.
In Tennessee, the divorce rates have decreased. In 1990, there were 6.5 divorces per 1,000 residents, while in 2021, this figure had dropped to 3.3. Some may point toward the decrease in weddings as the reason.
However, the number of marriages dropped by 15% from 2011 to 2021. But, divorce rates dropped by 23%. It would seem that couples in Tennessee are choosing to stay together. Nonetheless, some couples aren’t meant to be together, and a quick divorce is usually desirable.
What types of divorce are there in Tennessee?
There are two kinds of divorce available in Tennessee. No-fault divorce, or uncontested, is the fastest and simplest way to end a marriage. And the other type is fault-based or contested divorce.
As the descriptions imply, one type of divorce is aimed at couples who simply don’t want to be together anymore, while the second type is for spouses who have been wronged in some way.
No-fault divorce – uncontested
Two routes are available for no-fault divorce; irreconcilable differences or irreparable breakdown.
Couples who wish to end their marriage without imparting blame on one another can cite irreconcilable differences.
Spouses who have been living apart for two years or more can also file for a no-fault divorce. This might be granted on the grounds of irreparable breakdown.
Fault-based divorce – contested
This type of divorce is when things have the potential to get messy. A person in a contested divorce may benefit from help navigating the courts by retaining legal counsel. In these divorce cases, one or both spouses will apportion blame on the other. Contested divorces in Tennessee need to go to court, and this is where things can get difficult.
How easy is it to obtain a divorce in Tennessee?
Uncontested divorces are often straightforward, especially when there are no children or complex assets to worry about. Contested or fault-based divorce however sometimes ends up in lengthy courtroom battles.
There are 13 grounds for filing a fault-based divorce and these include adultery, cruel behavior and neglect, substance abuse, and being convicted of certain crimes.
Getting divorced in Tennessee becomes trickier when there are assets such as real estate, retirement funds, and child custody to be decided.
What might slow down a divorce?
If a couple decides to divorce on the grounds of irreconcilable differences, then the procedure is fairly straightforward. Many couples manage to divorce amicably and divide their belongings to the satisfaction of both parties.
When one spouse contests the divorce, however, divorce times tend to increase. In Tennessee, divorce courts will decide which spouse receives what part of the marital assets. Divorce courts aim to fairly divide tangible and intangible assets that have been accumulated during the course of the marriage.
As well as assets, all marital debts and liabilities need to be divided also. One of the most crucial factors in a contested divorce is called discovery. This is where attorneys for both spouses gather information on assets, finances, and debts. Some form of debt resolution may happen here, and responsibility for liabilities must occur.
The more complicated the marital assets, the longer it will take to negotiate settlements. And if any spouse attempts to hide assets this will slow the divorce.
What is the divorce procedure in Tennessee?
Uncontested divorces sound like the easiest route to take but there are certain conditions attached. Both spouses must agree to end the marriage. And they must have no minor children and no shared businesses or real estate.
Filing for a no-fault divorce in Tennessee
Provided one spouse was resident in Tennessee for the previous six months, they will be eligible to file a divorce petition. Both spouses then need to sign a marital dissolution agreement. Other paperwork may be requested for the divorce to proceed, and there will be fees to pay.
To finalize the divorce, both spouses must attend court in Tennessee to present a Final Decree of Divorce.
Filing for a fault-based divorce in Tennessee
Whether a spouse files for a fault-based or no-fault divorce, paperwork must be filed, and fees paid. In the case of fault-based divorce, the procedure is as follows:
- Fill out a divorce complaint
- File the paperwork
- Serve the spouse
- Discovery
- Settlement negotiations
As mentioned above, discovery is where all assets and debts should be revealed. This leads to negotiations over settlements. Tennessee is an equitable distribution state. This means that instead of assets being divided 50/50 they are distributed in what a judge feels is fair.
Other steps that may happen are mandatory parenting classes and mediation. Any parents with minors will need to attend a 4-hour parenting class as part of their divorce proceedings. A divorcing couple might also benefit from using mediation through their family law lawyers.
How fast might a divorce be granted in a Tennessee court?
When couples meet for the first time, sparks may fly. When couples divorce, the same could be said, but not in any romantic sense. Divorces may be emotional. Therefore, state law necessitates spouses to take a cooling-off period.
Once divorce papers are filed, a 60-day waiting period begins. If children are involved, the cooling-off period is 90 days. After this wait, divorces can proceed.
If there are no arguments, and couples agree to settlements easily then a divorce could be finalized in two months in Tennessee. Most divorce cases take between two and six months. But, divorces that become heated and have numerous assets could take up to 18 months or even more.
Is a lawyer needed to get a divorce in a Tennessee court?
Couples going through an agreed divorce might not feel the need for legal representation. But, it is recommended that an attorney go over divorce papers and settlements.
In the case of a contested divorce, legal representation will make things easier. Legally, a divorce attorney isn’t needed in Tennessee. However, hiring an attorney will make financial settlements easier to negotiate. And spouses will have access to family law lawyers and mediation.
Mediation helps couples to avoid a painful divorce by encouraging discussion and positive communication. Family law mediators help to resolve conflicts and draw up agreements surrounding child visitation rights and other sticky issues.
Can a Tennessee judge deny a divorce?
If one spouse doesn’t answer the divorce complaint within 30 days or fails to attend a court date, a judge might grant a divorce by default. Though it is rare, a judge may deny a divorce in some cases.
Spouses need to be in agreement for a divorce to be finalized. Divorces won’t be granted when papers are not completed properly either. The most likely reason for not granting a divorce would be technicalities.
More likely would be a judge extending proceedings due to spouses failing to agree on settlements, or not disclosing joint business assets and liabilities.
Summary
Getting divorced in a Tennessee court can be tricky if there are complex assets. Divorces can be hampered when one spouse refuses to sign papers. And a judge might refuse a divorce if there are insufficient grounds for one.
Divorces are made easier when legal representation is used. Financial planning and asset division become simpler. And family law helps couples with children and with conflict resolution.
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