Residency Requirements
At least one member of the couple must be a resident of Tennessee for at least 6 months before being able to file. The couple must also show that they have been living apart for two years
Fill Out Your Forms
In order to begin the divorce procedures, one of the spouses must file a Petition for Divorce, in which they must detail their grounds, (in this case irreconcilable differences) and basic information about the marriage. The petition must be filed in the county where the spouses lived when they separated, the county where the defendant lives, or the county where the petitioner lives (if the defendant does not live in Tennessee or is a convict).
Since this is an uncontested divorce, the petitioner must now serve the divorce papers to the defendant by mail or hand delivery. There is no need to send in a formal process server, or the sheriff. The defendant must then sign a form stating that he or she has received the divorce papers and that he or she plans to and will file the response with the court.
A hearing occurs at least 60 days after the filing of the Petition for Divorce (90 if the parties have minor children). In the state of Tennessee, the courts hold uncontested dockets,where many uncontested divorces are granted during the same hearing. In order to have your case heard you can either go during an uncontested docket, or schedule a specific date and time. The way that your case is heard will depend on the procedure of the county court in which your divorce is filed.
A Note about Forms
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement facilitates the division of property, assets, debts and liabilities, and settles matters of child support, custody and visitation. even in an uncontested divorce you might want the help of a lawyer. You can Find a Lawyer who's right for you using RocketLawyer's online attorney directory.
Unfortunately the State of Tennessee does not offer forms online to complete your divorce process. You will need to obtain any additional documents necessary to commence your divorce from your local county clerk's office.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
