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Frequently Asked Questions
Can I really file for divorce in Tennessee without a lawyer?
The answer is Yes. In Tennessee, any person can handle a legal case without a lawyer. The legal definition for self-representation before the court is Pro Se, meaning that a person acts as their own attorney.
Such a do-it-yourself divorce is subject to the same rules and regulations as a legally-assisted divorce, so the spouses shall take the same steps as lawyers do acting on behalf of their clients.
Therefore, a self-represented litigant must be aware of their responsibility for arranging the divorce procedure and its implications and risks.
Law experts usually do not recommend a DIY approach for contested divorces, i.e., when the spouses are not on the same page and have not agreed about such essential matters as property division, child custody, spousal support, etc.
Do-it-yourself divorce without a lawyer can be a more advantageous option for couples who agree about the key aspects of their separation or those whose divorce case is rather simple since they do not have marital property or shared children.
An agreement between the spouses allows them to have a clear vision of what to expect from the procedure, so often, the paperwork becomes the central issue of such divorce cases. The spouses may either use the self-help section of the Tennessee courts website and handle things independently or get limited-scope assistance, use OnlineDivorce services, and others that are more affordable than lawyers' help.
How can I file for divorce in Tennessee without a lawyer?
To start a divorce action in Tennessee without a lawyer, the spouse initiating the case, called the plaintiff, shall complete the divorce forms required in a particular case and file them with Circuit Court, Chancery Court, or General Sessions Court, depending on the county.
Also, at the moment of filing the documents, the plaintiff must pay a court filing fee. Thus, a divorce case officially starts.
The next step is serving the second spouse with copies of the Complaint and Summons filed with the court.
In Tennessee, service of process can be accomplished either by the deputy sheriff or any adult person who is not a party to the case or by mail. Anyway, the court must get proof of service. The plaintiff must provide the relevant Affidavit of Service (if the papers have been delivered to the second party by someone other than the deputy sheriff) and the return receipt if the process is served by mail.
Once the petition is filed along with the marital dissolution agreement and other forms, Tennessee laws require a waiting period, which is mandatory even in uncontested divorce cases. The final court hearing date cannot be scheduled until 60 days (90 days - if the spouses have minor children) after applying for a divorce.
How much does it cost to get an uncontested divorce in Tennessee?
The cost of any dissolution of marriage in Tennessee, whether contested or uncontested, starts with the court filing fee. This fee may be up to $380 depending on the county and if the spouses have minor children.
Other costs mainly depend on the type of divorce and the pricing of any legal aid and service the parties use to manage the divorce process.
A do-it-yourself divorce without a lawyer may be considered the most affordable way to get a divorce, even though it does not suit everyone. In an uncontested divorce, the spouses could also use OnlineDivorce.com for drafting the paperwork, resort to mediation or counseling, developing a mutual settlement agreement, etc. In general, they have broad discretion to manage their costs, arranging the divorce process in Tennessee.
How long do you have to live in Tennessee to file for divorce?
Like other US states, the State of Tennessee requires that the spouses willing to terminate the marriage meet the specific residency requirements before filing for divorce.
According to the Tennessee Code, to get a divorce within the state, either of the spouses must have been a resident of Tennessee for six months before filing for divorce, given that the ground for divorce occurred out of state.
If the ground for divorce occurred while the plaintiff was a resident of the state, the Tennessee Code does not provide specific residency requirements.
How long do you have to respond to divorce papers in Tennessee?
According to the Tennessee Rules of Civil Procedure, once receiving the copies of Complaint and Summons, the defendant has to respond to the papers within thirty days after the service.
The defendant must reasonably respond to each provision in the Complaint and file an Answer with the Court Clerk. If the defendant fails to respond on time, the court may enter a judgment by default.
How do you get a free divorce in Tennessee?
Even though an uncontested divorce in Tennessee can be relatively affordable, a completely free divorce is, in theory, available only if, along with signing a marital dissolution agreement, the plaintiff qualifies for reducing court costs due to financial hardship.
Thus, if the plaintiff cannot afford to pay the filing fee, he or she may submit to the Court Clerk the Request to Postpone Filing Fees. Also, one can file an Affidavit of Indigency. If the court approves it after evaluating the plaintiff's financial information, it will allow the plaintiff to file a case on a pauper's oath, and the court fees can be waived.
What papers do I need to file for a divorce in Tennessee?
The required divorce forms for an uncontested dissolution case in Tennessee typically include but are not limited to:
- Civil Case Cover Sheet
- Complaint for Divorce
- Amendment
- Summons
- Affidavit of Service
- Marital Dissolution Agreement
- Final Decree
- Divorce Certificate
- Financial Declaration
If the spouses have minor children, they also have to file a Permanent Parenting Plan, Temporary Parenting Plan, Parenting Class Certificate.