Do it Yourself Divorce in Tennessee
Tennessee offers both fault and no-fault divorces. A fault divorce indicates that one spouse is to blame for the dissolution of the marriage, while a no-fault divorce indicates that the arrangement simply did not work out. In Tennessee, there is a 60-day waiting period after the divorce petition is filed before divorce is granted. This waiting period is extended to 90 days if the married couple has children.
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Instructions
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Determine where you have jurisdiction to file. In the state of Tennessee, you or your spouse must have resided in the state for a minimum of six months prior to the date of filing initial pleadings for divorce. You cannot file in any state court; you only have jurisdiction to file in the court of the city or county in which you or your spouse lives.
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Determine the grounds for divorce, if you are seeking a fault divorce. In Tennessee, a fault divorce is granted on various grounds, such as infidelity, desertion, cruel and inhumane treatment, felony conviction or habitual drunkenness or narcotics abuse. A no-fault divorce is granted by simply declaring that the marriage did not work. However, by agreeing to a no-fault divorce, you may limit your claim to assets, property and custody.
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Draft a petition for divorce. This petition must include the spouses' full names, date of marriage, state in which the marriage was granted, the last known address of the spouse from whom you are seeking divorce, an affirmation that you or your spouse meets the residency requirement, whether alimony or other relief is sought, and whether there is a dispute over child custody or division of debts and assets. If you would like help drafting the petition, visit the clerk's office of the court in which you are filing. The clerk's office provides forms for divorce that outline the necessary parts of the pleading.
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File the divorce petition with the court by submitting it to the clerk's office with the filing fee, which varies by county.
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Serve your spouse with the petition. At the time of filing, the clerk's office will ask if you are requesting service, which is the formal delivery of the petition or complaint upon the defendant -- in this case, your spouse. If you request service for an additional fee, the local sheriff's office will serve the paperwork on your behalf and file the return of service with the court. If you do not request service, you are responsible for hiring a private process server to serve your spouse. Service must be effected within 30 days or the petition is invalid.
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Attend a hearing after your spouse files a responsive pleading, such as an answer or a motion to dismiss. In Tennessee, there is a mandatory waiting period between initial pleadings and the hearing date. If, during this time, you and your spouse come to an arrangement about who is at fault for the divorce, custody and the division of debts and assets, then you and your spouse can formally detail the arrangement in a Marital Settlement Agreement. This is available as a form which you can obtain from the clerk's office. You are still required to attend the hearing to finalize the divorce in the presence of the judge and sign the divorce order.
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References
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