Divorce is never an easy process to undergo, but when you are out of state and need to obtain a divorce in Tennessee, it can be particularly challenging. Fortunately, with careful planning, it is possible to navigate the legal system and obtain a divorce in Tennessee from the comfort of your home state.
Understanding Tennessee Divorce Law
Before moving forward with obtaining a divorce, it is important to understand the legal requirements involved. First, either you or your spouse must have resided in Tennessee for at least six months prior to filing for divorce. Additionally, Tennessee recognizes both fault and no-fault divorce grounds. No-fault divorce is the most common grounds for divorce and requires that the marriage is irretrievably broken with no possibility of reconciliation. Should you decide to pursue a fault-based divorce, you will need to provide evidence that the other party was at fault.
Hire an Experienced Tennessee Divorce Attorney
Due to the complex nature of divorce proceedings, it is highly advisable to enlist the services of an experienced Tennessee divorce attorney. They will help guide you through every step of the process and ensure that all legal proceedings are in order. An attorney with experience in Tennessee divorce law will be able to help you avoid costly court fees and make sure that all necessary paperwork is submitted on time to the proper court.
Filing Your Divorce Documents
Once you have secured the services of a Tennessee divorce attorney, they will help you file the necessary documents with the appropriate Tennessee court. While you may need to make some trips back and forth to Tennessee to attend hearings or depositions, the majority of the divorce process can be completed through the mail or via email.
Serving Your Spouse
After filing for divorce, Tennessee law requires you to serve your spouse with a copy of the divorce papers. This can be done through certified mail or by hiring a process server to deliver the papers in person. However, if your spouse is difficult to locate or is no longer living at their last known address, the process of serving papers can become more complicated. Your Tennessee divorce attorney will be able to guide you through this process and help you find a solution.
Attend Mediation
In Tennessee, all parties involved in a divorce proceeding are required to attend mediation. This process involves a neutral third party mediator who will help both parties reach an agreement on the terms of the divorce. Mediation is a confidential process and is typically less expensive than court proceedings. Your Tennessee divorce attorney will help facilitate the mediation process and ensure that the terms of the divorce settlement are fair to you.
Finalizing Your Divorce
Once you and your spouse have reached an agreement on the terms of the divorce settlement, your attorney will submit the necessary paperwork for the finalization of the divorce. Depending on the complexity of the divorce, this process can take several months, but with the help of an experienced Tennessee divorce attorney, it can be a much smoother and relatively stress-free experience.
Conclusion
Obtaining a divorce in Tennessee when you live out of state may seem daunting, but with the right legal counsel and careful planning, it is possible. By hiring an experienced Tennessee divorce attorney and understanding the legal process, you can successfully navigate the complexities of a divorce proceeding and obtain a favorable outcome. While divorce is never easy, enlisting the services of a knowledgeable and experienced legal professional can help to make the experience less stressful and more efficient.