How Does the Divorce Process Work, and What Can You Expect?
April 29, 2025
Divorce, the legal dissolution of a marriage, is a tumultuous process that involves the division of assets, child custody arrangements, and other related matters. In Tennessee, as in all states, divorce laws provide a structure for overcoming this intricate process, assuring fairness and protection for both parties involved.
Going through divorce and its proceedings can be a difficult time. As a Tennessee divorce lawyer with years of experience, I have the knowledge and skills to help you in this challenging time.
Here, we’ll take a closer look at the types of divorce, the grounds for divorce, and the filing process in Tennessee.
What Are the Types of Divorce in Tennessee?
There are two types of divorce in Tennessee. Both types have their own set of intricacies, and their approach is handled differently.
Uncontested divorce: An uncontested divorce occurs when both spouses reach a mutual agreement on all aspects of the divorce, including the division of marital property, child custody and visitation, child support, and alimony (spousal support).
Contested divorce: Conversely, a contested divorce arises when spouses are unable to agree on one or more terms of the divorce. In these cases, the court assumes a pivotal role in making decisions on disputed issues.
Both of these types of divorce have varying components in their makeup, Uncontested divorces are generally faster, less expensive, and less emotionally taxing. Contested divorces can be more intricate, time-consuming, and costly due to the necessity for legal representation, court hearings, and potentially a trial.
What Are the Legal Grounds for Divorce?
Tennessee law recognizes two primary categories of grounds for divorce: no-fault and fault-based.
No-fault divorce: The predominant no-fault ground for divorce in Tennessee is "irreconcilable differences," signifying that the marriage has suffered an irreparable breakdown, and there’s no reasonable prospect of reconciliation.
Fault-based divorce: In addition to no-fault grounds, Tennessee law also recognizes several fault-based grounds for divorce. These grounds allege specific misconduct or wrongdoing by one spouse.
No-fault divorce doesn't necessitate that either spouse prove misconduct or wrongdoing by the other. It essentially acknowledges that the marriage has reached a point of no return, while a fault divorce acknowledges wrongdoing toward a spouse and may potentially lead to a trial.
How Do You File for Divorce in Tennessee?
To initiate divorce proceedings in Tennessee, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. This residency requirement makes sure that the state has a legitimate interest in the marital relationship and the divorce proceedings.
The divorce process commences when one spouse, referred to as the "plaintiff," files a complaint for Divorce with the appropriate circuit or chancery court in the county where either spouse resides.
The complaint serves as the initial legal document in the divorce case. It outlines the grounds for divorce, whether no-fault or fault-based, and articulates the plaintiff's desired outcomes concerning the division of marital property, child custody and visitation, child support, and alimony.
After the complaint is filed, the other spouse, referred to as the "defendant," must be formally served with the divorce papers. This service of process makes sure that the defendant is officially notified of the divorce action and has the opportunity to respond.
Service can be effectuated through various methods, including personal service by a sheriff or process server, certified mail with return receipt requested, or publication in a newspaper if the defendant's whereabouts are unknown.
Receiving Divorce Papers
Upon receiving the divorce papers, the defendant has a specified period, typically 30 days, to file a response to the complaint. The response may admit or deny the allegations set forth in the complaint and can also include counterclaims asserting the defendant's own requests for relief.
If the defendant fails to respond within the designated timeframe, the plaintiff may seek a default judgment, which grants the divorce and the terms requested in the complaint.
Discovery Process
In contested divorces, where spouses are unable to reach an agreement on one or more issues, the discovery process plays a crucial role. Discovery allows both parties to gather information and evidence relevant to the case.
This may encompass financial documents, such as tax returns, bank statements, and investment account statements, as well as other pertinent records. Discovery methods can include:
Interrogatories: Written questions that one party propounds to the other party, who must answer them under oath.
Requests for production of documents: Formal requests for one party to provide specific documents to the other party.
Depositions: Sworn testimony given by a party or witness outside of court, recorded by a court reporter. Depositions allow attorneys to question parties and witnesses under oath and preserve their testimony for use in court.
During the pendency of the divorce proceedings, either spouse can request temporary orders from the court to address pressing issues that require immediate attention. Temporary orders provide stability and maintain the status quo while the divorce case is ongoing.
Exploring Mediation
Tennessee courts actively encourage mediation as a means of resolving disputes and reaching a settlement agreement without resorting to a trial. Mediation involves a neutral third party, the mediator, who facilitates communication and negotiation between the spouses.
The mediator doesn't make decisions but helps the parties explore options and reach a mutually agreeable resolution. If successful, mediation can result in a comprehensive settlement that encompasses all aspects of the divorce, saving both parties the time, expense, and emotional strain of a trial.
In the event that mediation is unsuccessful or inappropriate for the case, the divorce proceeds to trial. During the trial, both parties present evidence, call witnesses, and offer arguments to support their respective positions on the contested issues.
The judge presides over the trial, evaluates the evidence, and makes determinations regarding property division, child custody, child support, and alimony.
Finalizing the Divorce
Before a divorce can be finalized, there’s a waiting period that will pass. Depending on the type of divorce, the waiting period duration will vary.
Uncontested divorces: In Tennessee, there’s a mandatory waiting period before a divorce can be finalized. For uncontested divorces without minor children, the waiting period is 60 days. For uncontested divorces with minor children, the waiting period is 90 days.
Contested divorces: The duration of contested divorces can vary significantly depending on court schedules, the nature of the issues involved, and the availability of trial dates.
Once the waiting period is satisfied, and all issues have been resolved either through settlement or trial, the judge issues a Final Decree of Divorce. This legal document officially terminates the marriage and outlines the court's decisions on property division, child custody, child support, and alimony.
Speak to a Divorce Lawyer Today
The divorce process in Tennessee can be difficult, especially in contested cases. Seeking legal counsel and utilizing mediation can ease the process and lead to more favorable outcomes. If you’re considering hiring a divorce lawyer, I serve clients in Kingsport, Tennessee, as well as Church Hill, Johnson City, Bristol, or anywhere in Northeastern Tennessee. Contact me at Steven C. Frazier, Attorney at Law to get started on a consultation today.