Divorce can be a complex and emotionally challenging process even if the parties remain civil with one another. Understanding the steps involved in the Tennessee divorce process can help you navigate the legal proceedings more effectively. To help you better understand, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby provides a detailed overview of the steps involved in the Tennessee divorce process.
Grounds for Divorce
Before initiating a divorce, you need to decide the grounds which you will use when you file. Tennessee recognizes both fault and no-fault
grounds for divorce. No-fault grounds include irreconcilable differences and living separately for at least two years without minor children. Fault grounds include:
- Adultery
- Habitual drunkenness or abuse of narcotic drugs
- Inappropriate marital conduct
- Willful or malicious desertion for one full year without a reasonable cause
- Conviction of a felony
- Pregnancy of the wife by another before the marriage without the husband’s knowledge
- Refusal to move to Tennessee with your spouse and living apart for two years.
- Malicious attempt upon the life of another
- Lack of reconciliation for two years after the entry of a decree of separate maintenance
- Impotency and sterility
- Bigamy
- Abandonment or refusal or neglecting to provide for spouse although able to do so.
- Filing the Petition. The divorce process begins with filing a Complaint for Divorce in the appropriate county court. The spouse who files the complaint is known as the Plaintiff, and the other spouse is the Defendant. The Complaint must include basic information such as the grounds for divorce, information about any minor children, and a proposed division of assets and debts.
- Serving the Divorce Papers. Once the complaint is filed, the Plaintiff must serve the Defendant with divorce papers. This can be done through personal service, where a process server or sheriff delivers the papers, or through certified mail. Once served with the Complaint, the Defendant has 30 days to file an official Answer to the Complaint.
- Response and Counter-Complaint. The Defendant may file an Answer to the Complaint, agreeing or disagreeing with the terms outlined in the Complaint and may also file a Counter-Complaint, stating their grounds for divorce and proposed terms.
- Temporary Orders. While the divorce is pending, either party may request temporary orders to address immediate concerns such as child custody, child support, spousal support, and possession of the marital home.
- Discovery Process. The discovery process involves the parties gathering and exchanging information relevant to the divorce, such as financial documents, property records, and details about any debts of the marriage. Methods of discovery include interrogatories (written questions), depositions (oral questioning under oath), and requests for production of documents.
- Negotiation and Mediation. Many divorces are settled through negotiation or mediation with both parties working to reach an agreement on issues such as property division, child custody, and support. Mediation, which is often court-ordered, involves a neutral third party who helps the spouses negotiate.
- Settlement Agreement. If the parties reach an agreement, they will draft a Marital Dissolution Agreement (MDA) and a Permanent Parenting Plan (PPP) if children are involved. These documents outline the terms of the divorce and must be approved by the court before a Final Decree of Divorce can be issued.
- Trial. If the parties cannot reach an agreement, the case will proceed to trial. During the trial, both sides present evidence and arguments, and the judge makes decisions on contested issues. The judge will then issue a Final Decree of Divorce based on their findings.
- Finalizing the Divorce. Once the judge issues the Final Decree of Divorce, the marriage is legally terminated. The decree will include all the terms of the divorce, such as property division, child custody arrangements, and support obligations.
Navigating the divorce process in Tennessee can be a complicated and emotional endeavor. Having an experienced Tennessee divorce attorney on your side is the key to successfully getting through the divorce process.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about divorce in Tennessee, 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 appointment.
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