While contested divorces are often long and drawn-out affairs, it is possible to move through the divorce process much more quickly in certain cases. If both spouses agree on key issues, such as property division, alimony, and child custody, you may qualify for an uncontested divorce. Understanding how to get a divorce in Tennessee without waiting a year begins by knowing your legal options.
Hire a Divorce Lawyer
The divorce process is never quick, but it doesn’t have to be a long, drawn-out process either. When you hire a divorce lawyer, you benefit from years of experience in divorce cases and firsthand experience with divorce laws. Since 1975, Evans Bulloch Parker PLLC has served Middle Tennessee residents experiencing all manner of divorce. Our team can help with negotiations and litigation when necessary.
Looking for Answers
According to a recent study by WSMV Nashville, Tennessee residents ran a Google search for “divorce” more than those in any other state—about 141 searches per 100,000 residents compared with the national average of 101. This high search interest reveals that many Tennesseans are looking for clear information and practical solutions regarding the divorce process.
If you have questions about timelines, paperwork, or legal requirements, it is crucial that you work with a knowledgeable divorce lawyer who can provide you with answers and guide you through the divorce process efficiently and confidently.
Uncontested Divorce in Tennessee
For couples who qualify, an uncontested divorce is the quickest and often most peaceful option for filing a divorce. To qualify for what is known as an “agreed divorce,” you or your spouse must have lived in Tennessee for at least six months before filing, or you both must currently reside in the state. You must both also meet the following requirements:
- No minor children, children in high school, or disabled children
- No shared ownership of real estate or a business
- No retirement benefits
- You both agree the marriage should end
- You both agree on alimony payments
- You both agree on how assets should be divided
If you both meet these requirements, finalizing your divorce can take as little as 60 days. This is significantly shorter than in a contested divorce, which can take six months to a year or more to resolve.
If, however, you do not meet all of the requirements for an agreed divorce, you still have the option to file for a no-fault divorce, based on irreconcilable differences. This is the most common form of divorce in the state and doesn’t require any proof of misconduct. The process can still move smoothly when both parties agree on the terms of the divorce. Your settlement agreement must address the following:
- Child support, if you have children
- Child custody, if you have children
- Alimony
- Property division
Even in an otherwise amicable divorce, certain procedural rules must still be strictly followed. An experienced divorce lawyer can help you draft a thorough settlement agreement, arrange mediation if needed, and ensure that every required document is properly filed with the court. A skilled divorce lawyer can streamline the process and help you finalize your divorce as quickly and as painlessly as possible.
Contested Divorce in Tennessee
When couples cannot agree on one or more of the major issues, such as property division, alimony, or child custody, the case becomes a contested divorce. These divorces generally take longer due to the time required for the courts to review evidence, hear testimony, and rule on disputed matters. To file for a contested divorce, one spouse must prove legal grounds for divorce. Tennessee recognizes 13 grounds for a contested divorce:
- Adultery
- Alcoholism or drug dependency
- Living apart for at least two years without minor children
- Inappropriate marital conduct
- Willful or malicious desertion for one year or more
- Felony conviction
- Discovering that your wife became pregnant by another man before you were married
- Refusal to live with your spouse in Tennessee for longer than two years
- Attempt to take another’s life
- Failure to reconcile within two years after the entry of a decree of separate maintenance
- Impotency or sterility
- Bigamy
- Refusal to provide for the spouse while having the means to do so
FAQs
Why Is Moving Out the Biggest Mistake in a Divorce?
Moving out can be a big mistake during a divorce because it can be considered abandonment, leading to negative outcomes during the divorce proceedings. If you have children, it could have an effect on future custody arrangements. It also weakens your claim on ownership of the house and sets a precedent that you can afford the bills for the house and your current living situation.
How Long Is the Divorce Process in Tennessee?
If you and your spouse both live in Tennessee, you can file for divorce at any time. If only one of you lives in Tennessee, you have to have six months of continuous residency to file for divorce. The more amicable the divorce, the shorter the process takes. Once the divorce is finalized, there is a 30-day appeal period before the divorce is officially final.
Can I Get My Marriage Annulled in Tennessee?
Under specific circumstances, you can get your marriage annulled in Tennessee. When annulled, the marriage is treated as if it never happened. The marriage may be void or voidable.
A voidable marriage is one entered into without consent or under fraud, mistake, or force. Voidable also covers impotency or if the marriage is not consummated. A marriage is void if there is evidence of bigamy, incest, or if either party is deemed insane at the time of the ceremony.
Do I Need to Hire a Divorce Attorney?
You are not required to hire a divorce attorney in Tennessee, but it is highly recommended. Going through a divorce could result in many changes in your life. If you have children, your relationship with them could be drastically altered. Your financial planning could also be altered due to child or spousal support. A divorce attorney can thoroughly explain your rights and obligations to help you make informed decisions.
Contact Evans Bulloch Parker PLLC
As the oldest firm in Murfreesboro, Evans Bulloch Parker PLLC has a reputation for providing excellent service for our clients. Whether your divorce is straightforward or there are concerns about child custody, spousal support, or asset distribution, our team has the skills to ensure a fair agreement for our clients. Contact us today to schedule your initial consultation.