There are 2 Types of Divorce in Tennessee
Not only is a divorce an emotionally difficult time, but it’s also a financially stressful time. According to Thumbtack., the average cost of divorce can exceed $10,000 or even $20,000! Knowing your options and your rights throughout the process is vital to making the right decision.
There are two types of divorce, each of which has its own requirements. I can help you understand the difference so you can decide which is best for you.
Uncontested Divorce
There are situations where couples have not done anything wrong to each other (also known as no-fault divorce), but simply don’t want to continue in their marriage. They have tried to make the marriage work, but they simply cannot. In this case, an uncontested divorce can save you a lot of time and money compared to a contested divorce.
The issues for which you must both agree on for an uncontested divorce to work are:
- Irreconcilable differences exist
- Property division
- Alimony
- Child custody and parenting time
- Child support
Even though this is an agreed dissolution of the marriage, there is a waiting period or 60 days if the couple does not have minor children and 90 days if you do. Once the waiting period is over, a judge must approve of the agreement, and typically they will as long as all of the guidelines have been followed.
I offer a flat-fee Uncontested Divorce Service for $900-$1,050 for Tennessee residents.
If you both truly agree on everything, I will complete and file your documents for you, and you’ll never have to go to court.
My Uncontested Divorce service includes:
- All document prep and filing
- All court filing fees
- All correspondence with the court
- No-court guarantee
Contested Divorce
This is where things can get very complicated, drawn-out, and expensive.
When the spouses cannot reach an agreement on all the terms of a marital dissolution agreement or a permanent parenting plan, the divorce is known as a contested divorce. The contested divorce process begins with the complaint being filed with the court. The complaint contains information about both parties and describes the grounds claimed for the divorce. There is a waiting period of 60 days if there are no minor children involved, and 90 days if there are, from the time date the complaint is filed. This waiting period cannot be waived and is intended to provide a cooling off period to avoid impulsive decisions by the spouses.
The most common ground for divorce is Inappropriate Marital Conduct, which includes a variety of conduct that renders the continuation of the marriage intolerable. Some of the other common reasons are adultery, and alcoholism or abuse of narcotics. Here is a complete list of the reasons for divorce in the State of Tennessee T.C.A. §36-4-101.
During this waiting period, discussions can take place in order to reach a negotiated divorce settlement; and a judge can require the couple to enter into mediation prior to setting the divorce for trial. If the negotiations and/or mediation fails to reach a settlement, the divorce will have to be set for trial. If the case does proceed to trial, the judge will ultimately decide all the disputed issues. The issues can include child custody, support, division of marital assets.
Collaborative Divorce
Often, I find that couples are able to work through their differences via mediation or having an attorney work with them to help them negotiate on issues that prevent them from getting an Uncontested Divorce. Having an attorney to mediate helps to remove the added emotional layer that makes it difficult for two people to get along.
Whichever divorce is right for you depends on the circumstances you are in. Contact me to discuss your case and determine what your best option is.