What is an Uncontested Divorce in Tennessee?
Ending a marriage is always an emotional experience but fortunately, not all divorce cases are long and bitter battles. Many couples today choose to get an uncontested divorce, largely because it can help avoid the psychological, financial, and emotional stress of a contested divorce. The idea of an uncontested divorce is one that many people find fairly straightforward. However, there are certain details that are not as well-known. Our Brentwood uncontested divorce attorney explores these in depth below.
Understanding Uncontested Divorce
To get an uncontested divorce, you and your spouse must agree to all terms of the case. These include property division, child custody, child support, alimony, and more. While this concept is fairly easy to understand, it is a bit more complex than that. In Tennessee, there are two separate types of uncontested divorce and they each have their own requirements. In Brentwood, you can get an agreed divorce or one based on irreconcilable differences.
What is an Agreed Divorce in Tennessee?
The most simplified type of divorce to get in Tennessee is an agreed divorce. To obtain an agreed divorce, you and your spouse must both sign a written agreement outlining the terms of the case. Once an agreement is signed, neither side has to serve the other with divorce papers. To obtain an agreed divorce, you must meet the following requirements:
- You cannot have minor children, children who are still in high school, or children who suffer from a disability with your spouse.
- You and your spouse cannot be expecting a child.
- You cannot mutually own a business or real estate with your spouse.
- Division of retirement benefits cannot be an issue.
- You both must want the divorce.
- If applicable, you must agree on which party will pay alimony, as well as the amount of payments.
- You must agree on all property division issues.
- You and/or your spouse must have lived in Tennessee for a minimum of six months before deciding to divorce.
How to File Due to Irreconcilable Differences
If you and your spouse do not meet the requirements for an agreed divorce, you may be able to get an uncontested divorce by filing on the grounds of ‘irreconcilable differences’. To do this, you must still draft an agreement that outlines the terms of divorce such as property division, alimony, and child custody.
To obtain a divorce on the grounds of irreconcilable differences, you must file a petition with the court. This document is the marital dissolution agreement. You and your spouse must both sign the agreement and get it notarized. Signing the agreement waives the right of the defendant, or the party who did not file divorce, to be served divorce papers and file a response. When filing the agreement, you must also submit a parenting plan, if applicable, as well as a financial disclosure.
Our Uncontested Divorce Attorneys in Brentwood Can Uphold Your Rights
Although you are not required to work with a Brentwood uncontested divorce attorney, it is always recommended that you do. At Beal, Nations & Crutcher, our seasoned attorneys can help you draft an agreement and advise on the necessary steps so you can obtain your divorce as quickly and easily as possible while still making sure your rights are protected. Call us now at 615-861-2304 or contact us online to request a consultation.