{"id":2445,"date":"2021-12-13T20:50:08","date_gmt":"2021-12-14T01:50:08","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=2445"},"modified":"2022-07-28T10:06:01","modified_gmt":"2022-07-28T15:06:01","slug":"divorce-in-tennessee","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-tennessee\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Tennessee"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Divorce is often complex and messy. A long, drawn-out divorce, in particular, is stressful at best and overwhelming, too, but you can get through any type of divorce more easily with the proper support and the right tools.<\/p>\n\n\n\n Having the best information at your fingertips is essential for a smooth divorce proceeding. However, resources and information for divorce can be challenging to track down, which is why we've done the work for you. <\/p>\n\n\n\n Here, you'll find everything you need to know about getting a divorce in Tennessee.<\/p>\n\n\n\n Divorce is a clearly defined legal action in all fifty states<\/a>. Knowing what to expect and how to file means you easily understand and meet the legal requirements.<\/p>\n\n\n\n Tennessee requires proof of grounds for divorce. There are two types of divorce: uncontested and contested. Whichever way you choose to file, you must clearly define it within your divorce paperwork.<\/p>\n\n\n\n Uncontested divorce means both parties agree to all of the terms of the divorce, and there is no need to take the divorce to trial.<\/p>\n\n\n\n Simply put, if you decide you're no longer in love and do not wish to continue your marriage, and you want to end it amicably and quickly an uncontested divorce is a perfect option. There is no need for proof of any misconduct here, and as long as you clearly define the Petition for Divorce as uncontested, that is all you need.<\/p>\n\n\n\n An uncontested divorce is also called a “no-fault” divorce because no one partner takes responsibility for the degradation of the partnership.<\/p>\n\n\n\n If your divorce claim is irreconcilable differences, the court requires that you have a written agreement providing for custody and property division. Tennessee Code Title 36. Domestic Relations \u00a7 36-4-103<\/a> also requires that both parties agree that irreconcilable differences is the grounds for the divorce.<\/p>\n\n\n\n If both parties agree, the court doesn't ask for any proof or testimony related to the divorce. However, if there is any dispute about irreconcilable differences, the judge won't grant the divorce until both spouses have a full agreement as to the terms of the divorce.<\/p>\n\n\n\n To obtain an uncontested divorce, you need to provide:<\/p>\n\n\n\n In Tennessee, you can file for divorce based on irreconcilable differences and move forward right away. You can also file after two years of separation as long as no minor children are involved. <\/p>\n\n\n\n Two years of separation with no minor children require proof that each spouse has lived in a different home for the previous two years and that they have no children with each other under age 18.<\/p>\n\n\n\n This two-year separation period applies to legal separation as well. If you file for legal separation and obtain a Decree of Separation, you can convert your separation to an absolute divorce two years after that. A judge may require more court hearings for this process. <\/p>\n\n\n\n There is a sixty-day waiting period before the hearing occurs if you file right away, provided you have no minor children. If there are children, the waiting period is ninety days. This allows time to determine custody arrangements as best for the child.<\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in Tennessee, divorce can cost over $10,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> A contested divorce is much more complex than an uncontested. This often means that there has been some misconduct, and the wronged party wishes to terminate the marriage contract. A contested divorce also means the parties do not agree on the terms, and therefore trial will be necessary.<\/p>\n\n\n\n Contested divorces take much longer and cost much more money, mainly because you will typically hire an attorney to argue your case for the terms of the divorce. This might mean you need to hire investigators or pay for any other resources that might be needed for the judge to come to a conclusion on your divorce.<\/p>\n\n\n\n Any disagreements about the terms of the divorce mean it is contested or adversarial. Each spouse needs to have their terms decided on related to:<\/p>\n\n\n\n When one party refuses to divorce or the terms, it only slows the process. Ultimately, the judge will grant the divorce rather than forcing one party to stay married when they do not want to.<\/p>\n\n\n\n A contested divorce is often an “at fault” divorce, which requires sufficient evidence for judgment to be entered. It can proceed as a no-fault divorce without that evidence, potentially affecting alimony payments.<\/p>\n\n\n\n Tennessee Code Title 36. Domestic Relations \u00a7 36-4-10<\/a>6 provides that a bill of particulars must clearly explain the facts of the case, verifying the grounds for the divorce by the time and place. For example, if you caught your spouse in an affair on January 3, 2021, at 7:00 p.m., you\u2019d include that in your bill of particulars.<\/p>\n\n\n\n Other concerns in a contested divorce often focus on the request for custody and child support. When the parents cannot agree on who should retain primary guardianship, the court must consider several factors, including:<\/p>\n\n\n\n When the parties cannot agree, a guardian ad litem determines what is in the child\u2019s best interest and presents that information to the court.<\/p>\n\n\n\n A contested divorce is complex and requires expert opinions to help the judge determine the most equitable course of action. It is better to hire an attorney rather than attempt a pro se divorce (representing yourself), because of the intricacies of the process.<\/p>\n\n\n\n Whether contested or uncontested, the court holds a hearing to finalize the judge's decision to issue the divorce decree. Once that is issued, each party is free to live legally separate lives and no longer has any rights or responsibility toward the other outside of the divorce requirements.<\/p>\n\n\n\n In Tennessee, the complete dissolution of a marriage is called an absolute divorce. This is the same as a traditional divorce, just worded differently to illustrate a complete and total separation of the legally binding marriage contract.<\/p>\n\n\n\n A legal separation is a type of divorce only without the finality of completely dissolving the marriage. In Tennessee, people wishing to obtain legal separation must undergo the same process as an absolute divorce. The only difference is that the end result does not dissolve the marriage.<\/p>\n\n\n\n Tennessee Code Title 36. Domestic Relations \u00a7 36-4-102<\/a> allows for legal separation that does not affect the legal bonds of matrimony but allows for the spouses to stop living together as a married couple.<\/p>\n\n\n\n While the process to reach legal separation is identical to that of divorce, the result is more about separating future asset gains and protecting them as separate property versus marital property.<\/p>\n\n\n\n <\/p>\n\n\n\n In Tennessee, Code Title 36. Domestic Relations \u00a7 36-4-104<\/a> says that you must be a resident of the state for at least six months prior to the date you wish to file for divorce. <\/p>\n\n\n\n It further clarifies that it doesn't matter whether the grounds for divorce happened in Tennessee or while residing in another state, as long as you live in Tennessee for six months before filing your divorce complaint.<\/p>\n\n\n\n If you or your spouse is an enlisted member of the armed services, your residency must be one full year regardless of where you or your spouse are currently stationed. If your permanent home is within Tennessee for one year, you are considered a Tennessee resident for divorce purposes.<\/p>\n\n\n\n You do not need to be a US citizen to file for divorce in Tennessee, and dual citizenship is allowed. This would be an instance where hiring an attorney would benefit your case because it becomes more complex.<\/p>\n\n\n\n Whether you remain a citizen of Tennessee once you've met these requirements does not matter. You can file for divorce in the county where you reside, then move away during the divorce proceedings with no penalty.<\/p>\n\n\n\n Often, one or both spouses wish to relocate after the marriage ends. It is simpler to file in Tennessee if you're already an established resident, even if traveling for hearings and meetings with your lawyer is inconvenient. <\/p>\n\n\n\n Suppose you move away from Tennessee or move to Tennessee from another state before filing your Petition for Divorce. In that case, you'll need to wait until establishing residency to file for divorce.<\/p>\n\n\n\n <\/p>\n\n\n\n Tennessee recognizes two main grounds for divorce: at-fault and no-fault. Within these two grounds, other requirements must be met.<\/p>\n\n\n\n A no-fault divorce means that there is no misconduct to prove, but both parties no longer want to remain married. For a no-fault divorce, you can file an uncontested divorce petition any time, or you can enter into a two-year separation divorce after two years of living separately.<\/p>\n\n\n\n If you file for divorce after living apart for two years, no minor children must be involved. In that case, the divorce would be an uncontested, no-fault divorce and could move forward with ease.<\/p>\n\n\n\n Tennesee Code Title 36. Domestic Relations \u00a7 36-4-101<\/a> outlines the acceptable grounds for divorce as follows:<\/p>\n\n\n\n For a judge to consider the divorce petition, the complaint needs to be filed sixty days before a hearing if there are no minor children and ninety days before a hearing if there are minor children. The waiting period begins the date you file the petition.<\/p>\n\n\n\n <\/p>\n\n\n\n Calling a lawyer can be intimidating, especially if you are the wronged party and have concerns for your safety. But finding a good divorce lawyer makes a huge difference in how your divorce proceedings turn out. This guide provides information to make this a more straightforward step of the process for you.<\/p>\n\n\n\n A good divorce attorney has experience in family law. They are familiar with the state's statutes and codes<\/a> related to domestic relations and have both extensive knowledge of the legal system and good character.<\/p>\n\n\n\n While hoping for an attorney who has practiced law for many years could be beneficial, sometimes a new lawyer offers a different perspective and fresh enthusiasm, so don't let age deter you. Choose someone who has a support system and will clearly work in your best interests.<\/p>\n\n\n\n A good divorce attorney has high standards, clear values and is willing to work with your style for dissolving the marriage. Some attorneys are softspoken and relatively passive, encouraging the two parties to reach an amicable agreement, while others are more robust and aggressive.<\/p>\n\n\n\n However, there is no one right answer for what makes a good divorce attorney because your needs are not necessarily the same as someone else's. It is important to find the attorney who will approach your divorce the way you want them to and who will communicate clearly with you along the way.<\/p>\n\n\n\n Many attorneys rely on word-of-mouth advertising, and that's an excellent way to find yours. If you know family or friends who have been through a divorce, ask for their recommendations. They'll know of at least two attorneys, theirs and their former spouse's, and can tell you about their experiences.<\/p>\n\n\n\n If you don't know anyone who has been through the process, you can look online. Many attorneys have Facebook or other social media pages and websites where they explain their experience and qualifications, as well as their specialties.<\/p>\n\n\n\n You can search the Tennessee Bar Association<\/a> for recommendations and assistance. The three Lawyer Referral Services in Tennessee are helpful also.<\/p>\n\n\n\n East Tennessee: (865) 522-7501<\/p>\n\n\n\n Middle Tennessee: (615) 242-6546<\/p>\n\n\n\n Southeast Tennessee: (423) 756-3222<\/p>\n\n\n\n Checking multiple resources and recommendations is a good idea because you'll have a more well-rounded idea of what that attorney is like and how they'll fit your needs. <\/p>\n\n\n\n Read More:<\/strong> Divorce advice for men<\/a> or Divorce advice for women<\/a><\/p>\n\n\n\n You don't have to hire the first attorney you meet. Take your time, get to know them, and trust your instinct about whether they are a good fit for you. Sometimes it takes several attempts to find the best-suited lawyer for your style and situation.<\/p>\n\n\n\n Whether it's the first lawyer you meet with or the fifth, you'll want to prepare your interview questions before attending your initial consultation. Having these questions planned out ahead of time will speed up the process and help keep you organized.<\/p>\n\n\n\n First, get an idea of which of these issues might be involved with your divorce. If you don't have any, you can skip this question. However, if your case does involve any of these complications, you should ask this question before scheduling your initial consultation. <\/p>\n\n\n\n If the attorney or their firm does not handle cases with these complexities, don't waste your time with a consultation.<\/p>\n\n\n\n Some attorneys and even some firms only handle one type of law. If they exclusively practice family law, chances are pretty good that they're going to have the skills needed to manage your divorce properly.<\/p>\n\n\n\n If the percentage of cases is low, that doesn't necessarily mean they aren't a good choice, just that if there are other options for attorneys, you may want to consider someone with more experience. <\/p>\n\n\n\n In many small communities, there isn't enough demand for any one type of law for a firm to only practice it, so use your judgment about what's available in your area.<\/p>\n\n\n\n This question is essential in determining whether your attorney is just out to win, do things cheaply and quickly, or looks for the client's best possible outcome. None of the answers are inherently wrong, but they must match your personal philosophy.<\/p>\n\n\n\n If you want to take your spouse to court for everything they have, you'll want an attorney with an aggressive and competitive philosophy, but if you wish to settle things quietly and quickly, that person might not be a good fit for your representation.<\/p>\n\n\n\n Use your judgment here to determine which attorney's philosophy best aligns with your own.<\/p>\n\n\n\n Not every divorce case requires a trial. Often, both parties' attorneys can reach an agreement or settlement outside of court, and you only have to go before a judge for the final judgment of the dissolution of the marriage.<\/p>\n\n\n\n However, sometimes a more contentious divorce will require time before a judge. If your attorney has never seen the inside of a courtroom, that could mean they're excellent at conflict resolution or that they aren't willing to put up a fight. <\/p>\n\n\n\n Conversely, if they always take divorces to trial, they might be too contentious or unreasonable. Ideally, you'll find someone in between who recognizes your wishes to either win at all costs or take the settlement quietly and with minimal conflict.<\/p>\n\n\n\n As an attorney moves up in their career, they often take on more prominent cases and more of an administrative role over some of the more minor day-to-day lawsuits. A junior associate, new lawyer, or even a paralegal may manage your case if they do this.<\/p>\n\n\n\n The attorney you hire will supervise the team working on your case, but they may not be as involved in the process. This can be beneficial to you because the billable hours are less expensive when paralegals or associates do the work versus the more expensive, seasoned attorney.<\/p>\n\n\n\n If you want your attorney to be the only one working on the case, ask if that's possible. It might be, just at a higher cost.<\/p>\n\n\n\n On occasion, a divorce case requires resources outside the attorney's office. If you need an investigator or an accountant, the attorney's firm may hire outside help to cover the areas as an expert. You'll need to know what those services cost and how likely they are to become part of your legal process.<\/p>\n\n\n\n If you want to approve any outside resources before your attorney hires them, now is the time to ask if that is possible. You can also inquire about who they prefer to use for each service.<\/p>\n\n\n\n Most of the time, you'll be able to give your attorney all the information and then sit back and wait for them to get back to you. But sometimes, you'll want to reach them for updates or provide new information they might need to include in their paperwork.<\/p>\n\n\n\n Some attorneys prefer to communicate via email so they can respond when it is convenient or between phone calls and meetings. Others set aside time where they return calls each day. They often cannot answer your call when it comes in because they're busy with other cases or hearings.<\/p>\n\n\n\n Ask what their preferred communication method is and how long you should expect to wait for a response. Also, ask if they return calls themselves or have their paralegal or associates do it for them. Like with anything else, you'll have to decide if their system works for your needs throughout the process.<\/p>\n\n\n\n Some attorneys don't mind if the client wants to be hands-on and involved with a lot of the process, but others prefer that you give them the information and then let them work. Find out how much involvement they expect from you, and be prepared to pay extra if your involvement means things take longer.<\/p>\n\n\n\n While the cost will vary by need, your attorney should have a general idea of what to expect. Now is also an excellent time to ask what their retainer fee is.<\/p>\n\n\n\n A retainer is an amount you pay the lawyer upfront to guarantee their services. This can be anywhere from $5000 on upward, depending on how much they believe the process will cost. The retainer pays the lawyer and associates' hourly fees as well as court costs and other expenses.<\/p>\n\n\n\n Not every conflict of interest is immediately apparent; however, if the lawyer knows your spouse or is friendly with your spouse's lawyer, that could constitute one.<\/p>\n\n\n\n Keep in mind, every lawyer you and your spouse meet with becomes conflicted in the case because they will have knowledge of the other side's position. This is one reason it is important to seek your attorney quickly, so you have the flexibility to hire who you choose, free of conflict.<\/p>\n\n\n\n Not every attorney offers a free initial consultation, though many do. So be sure to ask the question before the meeting to avoid unplanned for charges. This is one hour for you to conduct your interview, give them an overview of the case, and decide whether you want to move forward with this person as your legal representative.<\/p>\n\n\n\n Be sure you bring all necessary information and documents with you, so the attorney has the opportunity to review them before deciding if they can represent you.<\/p>\n\n\n\n Once you've finished your initial consultation, you'll likely need to pay a retainer before scheduling any more meetings. This is when the attorney becomes your representation. An initial consultation is not a guarantee of representation because they're interviewing you, too.<\/p>\n\n\n\n Every meeting with an attorney is considered confidential<\/a>. Even if your initial consultation is free, they are required to keep all information privileged. This means that even if you choose not to hire that attorney, they still have to keep everything confidential.<\/p>\n\n\n\n This confidentiality, or privilege, is why any attorney you or your spouse has met with but not hired is considered to have a conflict of interest in your divorce proceedings. They cannot know privileged information on the other party, and this consultation would negate that.<\/p>\n\n\n\n Choosing an attorney can seem daunting, but it is essential. An attorney offers protections for you throughout the divorce, such as:<\/p>\n\n\n\n You may not want to hire an attorney. If you have experience filing court documents, are well organized and efficient, and prefer to be more involved in the process, you can file your divorce petition pro se. Pro se just means “in one's own behalf” in Latin and is a right protected by 28 USC \u00a7 1654<\/a>.<\/p>\n\n\n\n Some of the cons of using an attorney include:<\/p>\n\n\n\n <\/p>\n\n\n\n Filing for divorce is a form of a lawsuit. The complainant or defendant files a complaint against a plaintiff, and the actual filing is called a Petition for Divorce. If you've hired an attorney, they will complete many of these steps for you. If you are filing pro se, you'll have to do it all yourself.<\/p>\n\n\n\n First, you file the complaint. You can find the court-approved divorce forms<\/a> online. The State of Tennessee has approved them, and any court that hears divorce cases must accept these forms.<\/p>\n\n\n\n When you file your Petition for Divorce, proceedings don't begin until the spouse\/defendant receives their summons. <\/p>\n\n\n\n Once your spouse receives the Petition, they have the opportunity to answer. They can file an Answer and Counter-Complaint, which is basically the same thing that you filed, only their request for assets, property, and relief like you've filed.<\/p>\n\n\n\n If there is an at-fault grounds for the Complaint, you can request a temporary injunction against your spouse, so they cannot sell assets, clear your bank account, or issue any kind of threat against you. If they violate the injunction, this is contempt of court and can result in jail time.<\/p>\n\n\n\n If you already know what you want to discuss in a settlement, that process begins next. If not, then lawyers enter a period called discovery. Discovery is when each attorney investigates the situation surrounding the divorce. They'll ask for documents related to assets, debts, properties, businesses, and more.<\/p>\n\n\n\n In many cases, spouses share discovery documents without reservation, so nothing needs to be filed. But if there is any lack of communication or cooperation, your attorney will file a Request for a Production of Documents including depositions, Requests for Admissions, and subpoenas.<\/p>\n\n\n\n One thing that happens sometimes is depositions, where attorneys meet with the other party to ask questions, gain information, and get an idea of what they're looking for in the case. Depositions are expensive because you need court reporters and transcription, then the lawyers review everything.<\/p>\n\n\n\n Child custody and child support discussions happen next, and then when that is finished, your attorneys seek a negotiated settlement. If you cannot reach a settlement, then the case goes to court, where a judge publicly determines the divorce outcome.<\/p>\n\n\n\n Divorce trials are expensive and potentially embarrassing. The plaintiff's lawyer argues the case first, followed by a rebuttal from the defendant's lawyer. The burden of proof falls on the plaintiff, who claims the grounds, shows documents, and provides necessary witnesses.<\/p>\n\n\n\n The defense can refute the argument and present their own evidence. In some cases, the court might give the plaintiff the chance to respond, but that is not guaranteed. The judge then decides if they need to hear any more information.<\/p>\n\n\n\n Custody decisions often occur in a separate hearing.<\/p>\n\n\n\n When the judge has considered all evidence, they issue a decision which either party can appeal within 30 days if they disagree. After that, the judgment is final and permanent. Congratulations, you're now divorced.<\/p>\n\n\n\n Often, this isn't the end of the work, though. Custody, division of assets, and more might need to be prepared and property sold. See more information about these issues below.<\/p>\n\n\n\n If you choose to file your divorce forms yourself, you'll begin by printing them from the online <\/a>resource. Be sure to fill everything out exactly as required to avoid delays in processing. Anything that you fill out incorrectly could result in the court refusing to accept the paperwork, and you'll have to start over again.<\/p>\n\n\n\n Information you'll need includes:<\/p>\n\n\n\n Remember that the divorce timeline does not begin until the defendant's paperwork is correctly filled out, filed, and served to the plaintiff.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> When you're ready to file, bring two copies along with the original to the Clerk of Court. According to TN Code \u00a7 36-4-105<\/a>, you can file either in the county where you and your spouse both live, where you live currently regardless of where your spouse lives, or the county where you lived when you first separated.<\/p>\n\n\n\n The court requires a filing fee<\/a>, anywhere from $184 to $301, depending on whether there are children involved and if you have the sheriff serve papers to your spouse.<\/p>\n\n\n\n Once the papers are filed, the judge sets a hearing date either sixty or ninety days from the filing date.<\/p>\n\n\n\n Tennessee offers several options for serving papers to your spouse as required by Tennessee law<\/a>. All documents must be provided to your spouse by official notice.<\/p>\n\n\n\n You can have the sheriff deliver the papers or a process server if they're available in your spouse's community. If your spouse is not a danger to you or your family, you can have a family member over age 18 or a family friend hand-deliver the papers.<\/p>\n\n\n\n Another option is to use certified mail to send the papers to your spouse's home. If you don't know where they live, you can use the newspaper to publish a legal notice.<\/p>\n\n\n\n One of the most critical parts of your divorce proceeding is the financial disclosures. This is where you'll let the court know about all assets, businesses, debts, and other financial obligations or investments. <\/p>\n\n\n\n Honesty in financial disclosures is essential because assets cannot be equitably divided without it. In fact, dishonesty could cost you more in the long run because a judge can determine you did not act in good faith or you had the intent to deceive your spouse.<\/p>\n\n\n\n <\/p>\n\n\n\n Tennessee allows you to complete forms found online as long as they're legitimate Tennessee-approved forms. There is no divorce process online aside from filling out the forms.<\/p>\n\n\n\n Using an online resource helps you verify that your pro se case is filed correctly and prepared, so your divorce process is smooth and easy. Be sure you choose a company that is familiar with Tennessee state statutes.<\/p>\n\n\n\n If your divorce is uncontested and simple, there are online resources to assist with filling out the paperwork for your divorce. Fill out the questionnaire, and the website will determine if you meet their qualifications. <\/p>\n\n\n\n As with uncontested divorces, you may not need to go to court for anything except your final hearing for the judgment that finalizes your divorce. Only an uncontested divorce can use online filing resources.<\/p>\n\n\n\n <\/p>\n\n\n\n The amount of time your Tennessee divorce takes varies depending on how complex your situation is. If you have child custody and child support, alimony, a significant number of assets to divide, these can all make the case take longer. <\/p>\n\n\n\n The least amount of time an uncontested, simple divorce without children involved would take is sixty days from the date you file your Petition for Divorce. If you have children, the least amount of time for an uncontested divorce is ninety days from filing the Petition.<\/p>\n\n\n\n A no-fault divorce with no contention takes between two to six months to complete. On the other hand, a contested divorce can take more than a year.<\/p>\n\n\n\n Many factors come into play when estimating how long your divorce will take. These include:<\/p>\n\n\n\n While a divorce becomes final when the judge issues the decree after the Final Hearing, sometimes the financial division can take longer.<\/p>\n\n\n\n As for considering the divorce completed in terms of remarrying, dating again, or simply telling people you're divorced, that takes place with the judgment. <\/p>\n\n\n\n <\/p>\n\n\n\n Divorce doesn't have a standard flat rate because there are too many factors to consider. Filing pro se costs less than hiring an attorney, while filing fees are the same no matter what. If you need outside resources, the expense goes up. <\/p>\n\n\n\n The average cost of divorce is approximately $10,000 to $17,000 and sometimes higher.<\/p>\n\n\n\n Filing your divorce papers with the Clerk of Courts can cost anywhere from $184 to $301, depending on whether you serve papers via mail or by the sheriff or process server. <\/p>\n\n\n\n Every new paper that you file has a different fee, so the cost rises if you need to add more information later.<\/p>\n\n\n\n Attorney fees take the bulk of the expense in a divorce case. Your lawyer, associates, and paralegals spend a great deal of time sorting through information, preparing paperwork, and making phone calls to determine the best course of action for your divorce.<\/p>\n\n\n\n A complex divorce, contested and with children or many assets, takes more time. More time costs more money. The average hourly rate for divorce attorneys in Tennessee is between $200-$300 per hour or even more for high end attorneys. <\/p>\n\n\n\n Often, your attorney will require a retainer, or down payment, for their services. This money goes into escrow, and the attorney bills against the retainer each month as they work. Once the retainer has depleted, the attorney bills you directly for more costs incurred. <\/p>\n\n\n\n Sometimes, you can find a law firm that offers flat-rate divorces for couples with straightforward, uncontested divorces, but that's only if you and your spouse already agree to all of the terms of the divorce.<\/p>\n\n\n\n Litigation costs depend on what you need to file with the court and the amount of time it takes. Typically, court fees are around $250-$500 for an uncontested divorce, but it depends on the county. If there are a lot of different motions filed, costs rise.<\/p>\n\n\n\n Alongside filing fees, there are expenses associated with the court reporter, copies, subpoenas, expert testimony, depositions, and more.<\/p>\n\n\n\n Of course, the more complicated the divorce, the more expensive litigation fees become.<\/p>\n\n\n\n A mediator, who can often save money in the long run, costs around $100-$200 per hour. This rate is far lower than an attorney, so if you believe mediation could work for you and your spouse, this is an excellent way to save money on the process.<\/p>\n\n\n\n Online divorce services charge their own fees, so they vary depending on which website you choose to work with. Their fees only cover preparing the documents to file and are separate from all court, litigation, attorney, and mediation fees.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> Child custody is one of the most challenging parts of any divorce claim. Most parents have their child(ren) ‘s best interest at heart and want nothing more than to protect their child(ren). Sometimes that means protecting them from their other parent, and sometimes it means sharing the custody time equally.<\/p>\n\n\n\n It used to be that “sole custody” was an option for a parent who had full legal rights as a “custodial parent.” In 2001, lawmakers revised Tennessee law to create a “primary residential parent,” or PRP, with whom the child resides more than with the other parent, called the “alternative residential parent,” or ARP.<\/p>\n\n\n\n The law used to grant sole rights of decisions to the custodial parent, whereas current laws seek to provide some equality in the decision-making process for children. Day-to-day decisions lay with the PRP, though more significant decisions could require agreement from both parents, and others still might be determined by the ARP.<\/p>\n\n\n\n Permanent parenting plans also changed the terminology from “visitation” to “parenting time” or “residential time.” The goal was inclusivity for each parent and the child within both homes.<\/p>\n\n\n\n To be considered the primary residential parent, the child must reside with you more than 50% of the time. Even if the split is equal at 50\/50, the court often names one parent as the PRP for clarity's sake in legal documentation.<\/p>\n\n\n\n While both parents retain rights for decisions, the daily choices often fall to the PRP. When there is a dispute, the ARP can request mediation and even take the PRP to court if they cannot resolve the disagreement on their own.<\/p>\n\n\n\n If a parent's decision doesn't cause harm to the child, the judge will often not overrule a parent's decision about something, so that is important to note when deciding if the disagreement is significant enough to warrant court involvement.<\/p>\n\n\n\n As long as there is no evidence to suggest that a parent should not be involved in their child's life, courts prefer to give equal time as much as possible to both parents. Parenting time is divided as fairly as possible, with days counted as twelve or more consecutive hours within a twenty-four-hour period.<\/p>\n\n\n\n Tennessee law<\/a> provides factors the judge must consider when determining which parent should be the primary residential parent or if the court should exclude a parent from having any custody rights at all. These factors include:<\/p>\n\n\n\n The ultimate goal of child custody arrangements in Tennessee is to maintain consistency and reliability for the child, deciding based on what is in the child's best interest.<\/p>\n\n\n\n Read More: <\/strong>Understanding The Psychological Effects of Divorce on Children<\/a><\/p>\n\n\n\nTypes of Divorce Laws in Tennessee <\/h2>\n\n\n\n
Uncontested<\/h3>\n\n\n\n
No-Fault Divorce Options<\/h4>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tContested<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Absolute Divorce<\/h3>\n\n\n\n
Legal Separation<\/h3>\n\n\n\n
Residency Requirements in Tennessee <\/h2>\n\n\n\n
Grounds for Divorce in Tennessee <\/h2>\n\n\n\n
No-Fault Divorce<\/h3>\n\n\n\n
At-Fault Divorce<\/h3>\n\n\n\n
Using a Tennessee Divorce Attorney <\/h2>\n\n\n\n
What Makes a Good Divorce Attorney<\/h3>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Questions:<\/h3>\n\n\n\n
Do you handle cases involving child custody, domestic violence, high conflict, financially complex, mental illness or disability, or involvement in other legal cases?<\/h4>\n\n\n\n
What percentage of your cases are family law?<\/h4>\n\n\n\n
What is your divorce philosophy?<\/h4>\n\n\n\n
How often do your divorces go to trial?<\/h4>\n\n\n\n
Will you be doing the work on my case, or will an associate or paralegal do it?<\/h4>\n\n\n\n
Will you hire outside resources?<\/h4>\n\n\n\n
How can I keep in contact with you?<\/h4>\n\n\n\n
How involved can I be?<\/h4>\n\n\n\n
How much will my divorce cost?<\/h4>\n\n\n\n
Do you have any conflict of interest?<\/h4>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using an Attorney<\/h3>\n\n\n\n
Cons of Using an Attorney<\/h3>\n\n\n\n
Filing for Divorce in Tennessee <\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tFiling Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
Financial Disclosures <\/h3>\n\n\n\n
Online Divorce in Tennessee <\/h2>\n\n\n\n
How to Qualify for an Online Divorce in Tennessee<\/h3>\n\n\n\n
Do You Still Need to Go to Court? <\/h3>\n\n\n\n
How Long Does It Take to Get a Divorce in Tennessee <\/h2>\n\n\n\n
Divorce Costs in Tennessee <\/h2>\n\n\n\n
Court Fees<\/h3>\n\n\n\n
Attorney Fees<\/h3>\n\n\n\n
Litigation Costs<\/h3>\n\n\n\n
Mediation (Reduce Costs)<\/h3>\n\n\n\n
Online Divorce Service <\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tCustody Considerations in Tennessee <\/h2>\n\n\n\n
Child Support Considerations in Tennessee <\/h2>\n\n\n\n