If you and your spouse have come to the decision to separate, but are on good terms and wish to handle the divorce amicably, it is possible to have a peaceful and relatively quick divorce in Tennessee. Although there are certain legal procedures and requirements that must be met, following these steps can make the process easier and smoother.
Requirements for Divorce in Tennessee
Before you begin the divorce process, you must meet certain requirements set by the state of Tennessee.
Residency Requirements
To file for divorce in Tennessee, you or your spouse must have lived in the state for at least 6 months prior to filing.
Grounds for Divorce
Tennessee recognizes both fault-based and no-fault grounds for divorce. The most common no-fault grounds are irreconcilable differences, which means that there are conflicts in the marriage that cannot be resolved and the marriage is irretrievably broken.
Property Division
Tennessee is an equitable distribution state, meaning that property and assets acquired during the marriage are divided equitably but not necessarily equally between the two parties.
Steps to Take When Getting a Divorce in Tennessee
Once you have met the requirements for a divorce, follow these steps to make the process smoother:
1. Discuss your decision with your spouse
If you and your spouse have decided to divorce, take some time to sit down and have a calm and respectful conversation about it. It’s important to communicate openly and honestly with your spouse and try to come to an agreement on as many issues as possible.
2. Consider professional mediation
If you are struggling to come to an agreement on certain issues, consider working with a professional mediator to help you work through these situations. Mediators are neutral third parties who can help you both come to an agreement on difficult issues and create a workable plan for your divorce.
3. Hire an attorney
Even if you are approaching the divorce amicably, it’s still important to have an attorney to guide you through the legal process and protect your rights. You can work with your spouse to choose one attorney to represent both of you, or you can each hire your own attorney.
4. Draft a Separation Agreement
A separation agreement outlines how you will divide assets and debts, handle child custody and support, and other important issues. This agreement will be submitted to the court for approval and becomes a legally binding document once signed by both parties and the judge.
5. File for divorce
Once you have reached an agreement with your spouse and have a separation agreement in place, you can file for divorce in Tennessee. You will need to file a Complaint for Divorce, which outlines the grounds for the divorce and the agreements that have been reached.
6. Attend a hearing
After filing the Complaint for Divorce, you will need to attend a hearing where a judge will review your separation agreement and ensure that it is fair and legal. If everything is in order, the judge will grant your divorce.
Conclusion
If you and your spouse are on good terms and want to handle your divorce amicably, it’s possible to do so in Tennessee. By following these steps and working together with your spouse, you can ensure that your divorce is as smooth and stress-free as possible.