Divorce is rarely an easy process, but an uncontested divorce can make the experience less stressful, faster, and more cost-effective. In Tennessee, an uncontested divorce means that both spouses agree on how to resolve all issues related to the divorce, including property division, child custody, child support, and spousal support. This type of divorce is often referred to as a “no-fault divorce” because neither party is required to allege fault on the part of the other party to secure the court’s approval of the divorce. A Murfreesboro divorce attorney at Bennett | Michael | Hornsby discusses the steps typically required in an uncontested Tennessee divorce and explains what to do if your

uncontested divorce suddenly turns adversarial.
Steps Involved in an Uncontested Divorce in Tennessee
Tennessee is one of several states that offers both fault and no-fault divorces. This means that if you decide to pursue a divorce, you can either file the divorce without alleging any fault on the part of your spouse or you can allege that your spouse did or failed to do something that caused or contributed to your divorce. If you plan to pursue an uncontested divorce in Tennessee, the following steps will likely be required:
- Make Sure You Are Eligible for an Uncontested Divorce. Before proceeding, you must confirm that you meet Tennessee’s requirements for filing an uncontested divorce. Tennessee allows for a no-fault divorce based on irreconcilable differences. Both spouses must agree on this reason, and at least one spouse must meet the residency requirement of living in Tennessee for six months before filing. You and your spouse must also reach an agreement on all issues related to the divorce to be able to successfully pursue an uncontested divorce in Tennessee. If you have minor children of the marriage, additional requirements, such as completing a parenting plan and attending a mandatory parenting seminar, will be part of your uncontested divorce process.
- Prepare and File the Divorce Documents. The legal process begins with preparing the and filing the necessary legal documents with the Circuit Court Clerk’s office in the county where either spouse resides. You will also need to pay a filing fee. Common divorce documents include:
- Complaint for Divorce: This document initiates the divorce process by outlining the reasons for divorce and basic information about the marriage.
- Marital Dissolution Agreement (MDA): This details how property, assets, and debts will be divided between the parties.
- Permanent Parenting Plan (if applicable): If there are minor children of the marriage, this document specifies child custody arrangements, parenting time, and child support obligations.
- Serve Your Spouse. Your spouse must be formally notified of the divorce filing, even if they agree to the divorce. This can typically be done by providing them with a copy of the filed documents upon which they will sign an acknowledgment of service to waive formal service of process.
- Observe the Mandatory Waiting Period. Tennessee law imposes a mandatory waiting period before the divorce can be finalized. You must wait 60 days if you have no minor children and 90 days if there are minor children involved.
- Attend the Final Hearing. Once the waiting period has passed, a final hearing is scheduled. Usually, only one spouse needs to attend the hearing in an uncontested divorce. At this hearing, the judge will review the Marital Dissolution Agreement, the Parenting Plan (if applicable), and other relevant documents, after which the judge will issue a Final Decree of Divorce, officially ending the marriage.
What to Do if Your Uncontested Divorce Becomes Adversarial
While the goal of an uncontested divorce is to avoid disputes, disagreements can arise during the process. It only takes the inability to agree on one primary issue in your divorce to turn a simple uncontested divorce into a contentious battle. If this happens, you may wish to try mediation which uses a neutral third-party mediator to help you negotiate a mutually agreeable solution. If disputes within your divorce escalate, consulting an experienced divorce attorney is crucial. An attorney can provide guidance on your rights, represent your interests, and advocate for you during negotiations or court proceedings.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about the Tennessee divorce process, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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