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If you are considering a divorce in Tennessee, you probably wonder on how long it will take and what might happen next -- and how it will affect your thoughts and endurance, and therefore the outcome of your case. In this article, we will provide some general information on this topic, but you should always consult with a qualified attorney for specific advice on your situation.
The divorce process in Tennessee can vary depending on the type of divorce and the circumstances of the case. However, a general overview of the steps involved is as follows:
- One spouse files a complaint for divorce with the court, stating the grounds and the relief sought. The grounds can be either fault-based or no-fault (irreconcilable differences). The relief can include property division, alimony, child custody, child support, etc.
- The other spouse is served with the complaint and a summons, either by mail, by a sheriff's deputy, or by a private process server. The spouse has 30 days to respond to the complaint, either by filing an answer or a counter-complaint.
- The spouses exchange information and documents related to their finances, assets, debts, income, expenses, etc. This is called discovery and can include interrogatories, requests for production of documents, depositions, etc.
- The spouses try to reach an agreement on all the issues in their divorce, either by themselves, with the help of their lawyers, or with the help of a mediator or an arbitrator. If they can agree on everything, they can file a marital dissolution agreement and a parenting plan (if they have minor children) with the court and request an uncontested divorce.
- If the spouses cannot agree on everything, they have to go to trial and present their evidence and arguments to a judge. The judge will decide all the contested issues and issue a final decree of divorce.
- The divorce is not final until the expiration of a mandatory waiting period, which is 60 days for couples without minor children and 90 days for couples with minor children.
The length of time it takes to get a divorce in Tennessee depends on many factors, such as the complexity of the case, the level of cooperation between the spouses, the availability of the court, etc. However, a rough estimate is that an uncontested divorce can take about three to six months, while a contested divorce can take about six months to a year or more.
Divorce and related family law is a complex topic. So we made a number of informational pages designed to help you and answer your questions as you move through the divorce process:
CHECK THESE LINKS RELATED TO DIVORCE AND FAMILY LAW
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