Are You Thinking About Filing for Divorce? Here's How to Get a Divorce in Tennessee.
There are two basic ways one can easily take in order to obtain a divorce in Tennessee.
One is a no-fault divorce based upon the grounds of irreconcilable differences. To get an irreconcilable differences divorce in Tennessee, it is required that you and your significant other enter into a property settlement agreement or a Marital Dissolution Agreement. Additionally, if you have children, it will be required for you to enter into a Parenting Plan which will provide for co-parenting time for each parent and child support.
When the divorce is filed, there is a 60 day waiting period before the divorce can be given when you do not have minor children. In the event you have minor children, there is a 90 day waiting period. The spouse filing the divorce will need to go to the final divorce hearing.
In an irreconcilable differences divorce, it is not necessary for you to bring any witnesses. The divorce will definitely become final thirty30 days after the final order is entered.
The other method to get a divorce is by filing on grounds such as unacceptable marital conduct, adultery, desertion, etc. Under this approach, a Complaint is prepared which you sign, and is served upon your spouse. The significant other will have 30 days in which to respond to the Complaint.
In any type of divorce based on grounds other than irreconcilable differences, it will be necessary that you prove your grounds by testimony in open court. In addition, the court usually calls for about two witnesses to appear to corroborate your testimony. At the final hearing, the court will certainly decide as to the matters of co-parenting time, child support, alimony, and division of property.
In the event it is required, a court commonly has a short-term hearing called a pendente lite hearing for the questions of short-term support, short-term alimony, temporary attorney's fees, and temporary co-parenting time, throughout the pendency of the divorce case. This is not a final hearing. The court's decision is just in effect till the final hearing. It is simply a preliminary determination made by having a minimum amount of proof. The most regular explanation to have a pendente lite hearing is to figure out temporary child support till the divorce is granted.
A divorce based upon irreconcilable differences is usually the preferred means of getting a divorce if you and your spouse have the ability to reach an equitable property settlement agreement. The legal expenses that you and your spouse will definitely incur in a contested divorce are drastically more compared with the marginal fees for divorces based on irreconcilable differences. In addition, you and your spouse can generally reach a more equitable and more acceptable property settlement than the court may make for you.
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