What Is a Default Divorce in Tennessee?
No one can be forced to stay married to a spouse, but America thrives on a judicial system that accommodates litigation as a resolution to dispute, so a door is always open for a spouse to contest the dissolution of a marriage. This doesn't mean that she can stop the divorce. She can only argue over the terms of it. But all states provide for an easy way out as well. Tennessee offers two variations of what is commonly called a "default" divorce.
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Definition
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In the purest sense of the phrase, a default divorce means that the responding party does nothing when he is served with a complaint for divorce so the decree goes through uncontested. According to Cynthia J. Bohn, an attorney in Nashville, a default divorce occurs when one party (the petitioner or plaintiff) files the complaint, has it served upon her intended ex, and files proof with the court that this was done. You don't need your spouse's consent for a divorce. All you need to do is prove that he knows you're pursuing one. If he does nothing within 30 days, you may file for default judgment.
Objections
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If your spouse objects or responds in any way, yours is no longer a default divorce. Keep in mind that if he consults an attorney after receiving your divorce complaint, that lawyer will almost certainly convince him to do something in response to the papers. When default is entered in a divorce, it generally means that the petitioning party gets everything she's asking for because no one has protested.
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Variation
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Tennessee's Annotated Code Volume 6A, Title 36, Sections 36-4-103 and 35-4-116 also offer divorces on grounds of irreconcilable differences, which is a version of default. In this instance, both spouses agree as to the resolution of all issues regarding children and property and they instigate the divorce process together. They sign and have notarized a marital settlement agreement that resolves every issue between. The "defending" party will then sign an affidavit that he is aware that the other spouse is going to file for divorce in Tennessee, then another form waiving his right to be served with that complaint and to respond.
Waiting Period
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If you file jointly on grounds of irreconcilable differences, the waiver signed by your spouse is good for 120 days. An additional 60 days are then tacked on (or 90 days if there are children) before a default judgment may be entered. Individual counties may have some slightly unique procedures, such as a requirement that the affidavit and waiver be witnessed and notarized by a court clerk.
Necessary Forms
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There are several forms that must be filed along with the marital settlement agreement or the complaint for divorce in a matter that is expected to go to default. They include (but are not limited to) a parenting plan (Form 145) and a parenting class certification if you are filing a marital settlement agreement, because Tennessee won't let you get divorced without having attended one. If you don't expect your spouse to contest the action, you must also file an Affidavit of Service proving that he has received the complaint (Form 50) and a proposed Order for Default Judgment (Form 360).
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