Tennesse Divorce

A Tennessee divorce, or dissolution of marriage, can be filed in Tennessee by either spouse to end the marital relationship. Upon completion of a Tennessee divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate property assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Tennessee divorce without the expense of an attorney.

Types of Divorce in Tennessee

Simplified/Special Divorce

If the divorce is based on irreconcilable differences, the spouses may enter into a notarized marital settlement agreement. The agreement must make specific reference to a pending divorce by the name of the court and the docket number or state that the respondent is aware that a divorce will be filed for in the state of Tennessee. In addition, the agreement must state that the respondent waives service of process and waives filing an answer. The spouses must make provisions in the marital settlement agreement for the care and custody of any minor children and for an adequate settlement of their property. The spouses may also make provisions in their settlement for alimony. A final decree may be entered without any corroborating proof or testimony by the petitioner or respondent.

Alternatives to Divorce in Tennessee

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. The grounds for legal separation (divorce from bed and board) are the same as for a divorce. If the legal separation has been in effect for 2 years and the spouses have not reconciled, either spouse may request that the separation be converted to an absolute divorce.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. Annulments are rare and are only granted in situations where there was some legal defect at the time of marriage that makes it invalid. Grounds for annulment are:

?   Either party was already lawfully married;

?   Parties are within prohibited degrees of kinship (parties can't marry or have sex with natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister, half sister, adopted brother, or adopted sister. If so, this is incest and a Class C felony.);

?   Either party was insane;

?   Marriage made under duress;

?   Under age of consent;

?   Consent obtained by force, fraud, or mistake;

?   Impotence; or

?   Woman was pregnant by another man without knowledge of spouse.

Annulment does not affect the legitimacy of the children. The law presumes that the marriage was valid and the Petitioner spouse has the burden of proof to show that it was not in a divorce in Tennessee.