Divorce is hard to understand. You may need a
lawyer’s help to get a divorce if:
• you have children under 18;
• you own real estate;
• have retirement or 401K plans; or
• own other valuable property.
Many internet forms and mail order forms will
not work in Tennessee.
GROUNDS FOR DIVORCE
The reason you use for getting a divorce is called
“grounds” for divorce.
• Irreconcilable differences (ID) (no fault) –
you and your spouse cannot get along
anymore. You must agree on all issues.
• Inappropriate marital conduct – some
examples are adultery, drug abuse,
abandonment, domestic violence, etc.
WHERE IS THE DIVORCE FILED?
You can file the divorce in Tennessee in the
county where you separated from your spouse or
the county where your spouse lives. If you and
your spouse separated in another state, but you
have lived in Tennessee for six months, you can file
for divorce in the county where you live. If your
spouse has left Tennessee or is in prison, you can
file in the county where you live.
WHAT HAPPENS AFTER THE DIVORCE
IS FILED?
Your spouse must be served with the divorce
papers. If you do not know where your spouse is,
your lawyer will discuss other possibilities for
completing service of process.
If there are minor children of this marriage, you
and your spouse must attend a parenting class.
You must file a “proposed parenting plan’ with
your divorce papers.
After your spouse has been served with the
divorce papers, your spouse has 30 days to file an
“answer” with the court. If your spouse does not
file an answer within 30 days, you can ask the judge
for a “default judgment”. This means that the
judge will give you the divorce.
If your spouse files an answer with the court,
your spouse will admit or deny the claims you made
in the divorce. Your spouse may file divorce papers
against you when he/she files an Answer. This is
called a “counterclaim.” If your spouse files a
counterclaim, you will also need to file an answer
to the spouse’s counter-claim.
If your divorce is contested, you or your lawyer
may first try to reach an agreement with your
spouse or your spouse’s lawyer and settle the
divorce. If you cannot agree, you will have to
attend mediation.
Mediation is a meeting of both spouses, their
attorneys, and a neutral person who is the mediator.
The mediator’s job is to talk to both spouses and
see what, if any, issues can be agreed upon.
If all issues are resolved, you will have a hearing
in court for the judge to approve your agreement.
If you cannot agree on issues at mediation, you will
have a hearing in court for the judge to decide
the issues (shared parenting, child support,
alimony, who pays bills, and who gets property).
If you have an order of protection, you may not
have to attend mediation.
HOW LONG WILL IT TAKE
TO GET MY DIVORCE?
After you file your paperwork, you must wait at
least:
• 60 days if no minor children
• 90 days with minor children
If you do not have minor children, there is a 60
day waiting period from the time the divorce
complaint is filed until the divorce hearing. If there
are minor children of the marriage, there is a 90 day
waiting period from the time the complaint is filed
until the hearing can be conducted.
If your spouse fights the divorce and you cannot
reach an agreement, you may have a trial. It may
take several months (up to a year or more) to get
your divorce.
DO I NEED WITNESSES TO GET A
DIVORCE?
If your divorce is contested and you have a trial,
you will need witnesses to help tell the judge your
side of the story.
If your divorce is an irreconcilable differences
divorce and you and your spouse have signed an
agreement, you will not need witnesses.
If you filed a “fault divorce” and your spouse did
not respond, you will probably need two witnesses.
One witness should be able to back-up your story
about why you want the divorce. This
witness can be a relative, friend, or neighbor. They
should know specific details about your situation.
The other witness is a character witness. This
witness should not be related to you. He/she
should know you well enough that they can tell the
judge that you are a truthful person and that you
would tell the truth under oath.
COSTS
There are two parts to the costs of a divorce;
what your lawyer charges and court costs. If you
cannot afford the costs of filing a divorce, you may
fill out a form called an Affidavit of Indigency at
the Clerk’s office. If the affidavit is approved by
the court, you can file your divorce papers without
paying any filing fees when you file the divorce.
When the divorce is final, the judge will decide who
pays the court costs.
HOW LONG DO I HAVE TO WAIT
BEFORE I CAN REMARRY?
There is a 30-day appeal period after the final
order is filed with the clerk.
Remember, these are only a few general
questions and answers. Each divorce case is
different with important issues to be
considered.
LAET’s offices are open from 8:30 a.m. to 5:00 p.m. Monday through
Friday.
___________________________________________
Linea Gratis en Español 1 (866) 408-6573
No person in the United States shall, on the grounds of race, color, or
national origin, be denied the benefits of, or be subjected to discrimination
under, any program or activity receiving federal financial assistance.
This pamphlet is intended for general information only. The circumstances
of every case are different and need to be dealt with on a case-by-case basis.
This is not a substitute for the advice of a lawyer. Also, the law may change
and may be different from county to county.
B3 03/20
DIVORCE
IN
TENNESSEE
www.laet.org
Serving Bledsoe, Bradley, Blount, Carter, Cocke,
Grainger, Greene, Hamblen, Hamilton, Hancock,
Hawkins, Jefferson, Johnson, Knox, Loudon,
Marion, McMinn, Meigs, Monroe, Polk, Rhea,
Sequatchie, Sevier, Sullivan, Unicoi and
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