Franklin Uncontested Divorce Attorney
There are two main types of divorce in Tennessee: contested and uncontested. In a contested divorce, the parties are in disagreement over one or more issues. This lack of agreement can lead to costly delays as well as more emotional distress.
For couples wanting to get the process over with as quickly as possible, there is another option: uncontested divorce. In this type of divorce, the spouses agree on all the major issues, such as property division, alimony, child support, and child custody. A Franklin uncontested divorce attorney can help you decide which is the most important path to take.
A simplified version of uncontested divorce is called agreed divorce. This is the most efficient and cost-effective option, with divorces becoming final in just 60-90 days. However, there are strict requirements that need to be met:
- You both want to end the marriage.
- You do not have minor or disabled children together (and neither of you is pregnant).
- You both agree on how to divide marital property.
- You do not own real estate or a business together.
- You agree on alimony (if applicable).
- Neither of you have retirement benefits.
- One spouse has lived in the state for at least six months or you both are living in Tennessee at the time of the divorce.
What Happens Next?
You will need to include a written agreement (signed by both spouses) that includes detailed information about assets and debts and how they will be divided. If alimony will be required, this should be detailed in the agreement as well. If you both agree, then there will be no need to serve each other with divorce papers.
You will need to complete the applicable forms and file them with the court. You will also need to pay filing fees, which vary depending on the county.
You will then need to attend a final hearing before a judge. There is a waiting period involved—60 days for those without children and 90 days for those with children.
The judge will review all the paperwork at the hearing to ensure that everything is equitable. Once approved, the judge will sign the final decree. This finalizes your divorce.
When to Avoid Uncontested Divorce
Uncontested divorces are not always a good idea. They can be a bad idea when there is a history of domestic violence or emotional abuse, as this usually means one spouse has an unfair advantage over the other.
If you and your spouse cannot communicate without fighting, then an uncontested divorce may be a bad idea. You need to be able to negotiate and compromise with the other spouse.
Contact Us Today
While an uncontested divorce is a great option for ending your marriage, sometimes it is not possible. In any case, you want to find the best options for your divorce case.
The law firm of Beal, Nations & Crutcher can help you divorce with ease. We have decades of experience helping couples end their marriages. To schedule a consultation, call our office at (615) 861-2304.