The process of obtaining a divorce in Tennessee can be filled with twists and turns, but there are certain steps in the process that are very common. Having a grasp on what to expect can be comforting as you embark on this arduous journey.
Initiating a Divorce
A divorce case begins when an individual, called the “Plaintiff”, files a complaint for divorce. In reference to T.C.A. §36-4-105, The complaint must be filed: 1.) in the county where the parties last resided together; 2.) in the county where the Defendant resides or 3.) in the county where the Plaintiff resides if the Defendant lives out of state or is incarcerated. Additionally, T.C.A. §36-4-104 establishes that the Plaintiff must be a resident of Tennessee for six months prior to the filing of the Complaint unless the Defendant has lived in Tennessee for at least six months and the acts complained of were committed out of this state and the plaintiff resided out of the state at the time.
Grounds for Divorce
In the state of Tennessee, both fault-based and no-fault-based divorces are granted. Tennessee Code Annotated §36-4-101 establishes that fault-based grounds include, but are not limited to, adultery, cruelty, abandonment, substance abuse, infamy, etc, while no-fault-based divorces involve irreconcilable differences.
Service of Process
Tennessee Code Annotated 36-2-106 adds that after the complaint has been filed, the plaintiff must serve the other spouse with a copy of the divorce complaint and the summons. This is known as the service of process which can be done by hand delivering, certified mail or service by publication in a local newspaper when the whereabouts of the defendant are unknown. The defendant is then given 30 days to respond by filing an answer to the court stating whether they agree or disagree with the grounds of the divorce complaint.
Negotiation/Mediation
After both parties have responded to the court, they typically engage in negotiations to attempt to come to an agreement on issues such as property division, child support, child custody and alimony. If necessary, either party can request temporary orders that resolve matters like child custody or restraining orders while the divorce is pending.
Discovery
Both parties may also engage in discovery which involves exchanging relevant information and documents that relate to the divorce such as finance records, property variations, and witness statements.
Court Hearings & Trials
If the parties are unable to agree to negotiation and mediation, then the case may proceed to trial where the judge will hear the evidence and make decisions on contested matters based on the arguments made by both parties. If the parties reach a settlement agreement, then the court can approve it and it will become legally binding.
Finalizing the Divorce
Once all issues are resolved through trial or negotiations, the court will issue a final decree of divorce, officially ending the marriage. The decree will outline the terms of the divorce which includes property divisions, child custody, support arrangements, and alimony payments. This concludes the end of the marriage and a certificate of divorce will be provided by the court.
If you are unhappy with your marriage, seeking a divorce may be the most reasonable solution to the matter. It is advisable for individuals going through a divorce to consult with an experienced family law attorney for guidance tailored to their circumstances. If you are wanting to proceed with a divorce, contact our office today to speak with a well-rounded attorney.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.