Why Divorce.com?
Benefits of an online divorce
Divorce.com is a convenient solution for couples dealing with paperwork for an uncontested divorce. This online service allows divorcing couples to quickly prepare their divorce forms for an affordable price and with no hidden fees.
With our online service, the couples receive personalized forms for their divorce case and get help with their completion. As a result, soon-to-be-ex spouses won’t have to spend hours familiarizing themselves with local and state requirements. Divorce.com will help you handle your divorce forms, with no legal assistance needed.
All you need to do to proceed with online divorce is to follow these simple steps:
Answer our questions about your marriage and divorce online;
Complete the forms at your own pace, pausing and altering the information at your convenience.
Download ready-for-submission documents in a PDF format and get a simple filing guide, all within 2 business days;
Print the divorce forms and file them with the court.
Tennessee
Divorce Forms
All the forms required
As each divorce case is unique and has its own independent circumstances, the list of divorce forms required for filing in Tennessee may vary. The list of basic divorce forms for an uncontested divorce may include, but is not limited to, the following forms:
Complaint for Divorce/ Request for Divorce (Form 1)
Spouse's Personal Information (Form 2)
Request to Postpone Filing Fees and Order (Form 3)
Health Insurance Notice (Form 4)
Divorce Agreement (Form 5)
Final Decree of Divorce (Form 6)
Court Order for Divorcing Spouses (Form 7)
Notice of Hearing to Approve Irreconcilable Differences Divorce (Form 8)
Civil Case Cover Sheet (Form 10)
Summons (Form 40)
Affidavit of Service (Form 50)
Permanent Parenting Plan (Form 145)
Divorce Certificate (Form PH1682)
The Divorce Agreement (Form 5) is crucial for an uncontested divorce. In this form, the spouses outline their divorce terms regarding such issues as marital property division, alimony (also known as spousal support), child custody, and child support. This document will significantly impact the facilitation of the divorce process.
As each county may have its own regulations, some local forms may be required to be submitted to the court in the county where the spouses do the filing.
Steps to consider
Filing Requirements
Residency Requirements
There are residency requirements that the spouses must meet before filing for a divorce. If the spouses fail to meet the residency requirements, Tennessee courts won't have jurisdiction to handle their divorce case.
The Tennessee residency requirements are as follows:
The filing party must be a Tennessee resident at the time the grounds for divorce took place.
Either spouse must be a state resident for six months before filing (the grounds took place outside the state).
The divorce must be filed in the county where either spouse resides.
Grounds for Divorce
Tennessee recognizes both no-fault and fault-based grounds for divorce. Proceeding with a no-fault divorce, spouses can choose irreconcilable differences or separation as their grounds for divorce.
Yet, if the spouses are willing to proceed with a fault-based divorce, they can choose one of the grounds that include, but are not limited to:
Adultery;
Abandonment;
Bigamy;
Impotence;
Willful or malicious desertion (for one year);
A felony conviction with a further sentence to confinement in prison;
Attempted murder of the other spouse;
Alcohol or drug abuse; and
Cruel and inhumane treatment.
Initial Filing
The plaintiff must complete and file several forms to initiate a divorce, including Summons, Complaint for Divorce, and Divorce Agreement.
The plaintiff must submit the papers in person in the Chancery Court or the Circuit Court (depending on the county).
Otherwise, the spouses may use the e-filing system when submitting their paperwork, if it is available for their county.
Filing Fees
Along with the filing, the plaintiff must pay the mandatory filing fee, which ranges from $184 to $381. The exact amount is directly related to the county where the filing is done. Thus, the spouses must check the filing fee for their county.
If the spouses cannot afford the court filing fee due to financial hardship, they can file a Request to Postpone Filing Fees and Order form to request the court to waive the fees.
Serving the Respondent
Once the paperwork is filed, the plaintiff has 90 days to serve the defendant with copies of the submitted divorce documents.
The plaintiff may serve the papers in the following ways:
Hire a process server;
Hire a Sheriff's Deputy;
Serve by mail (the other spouse must be willing to sign a Waiver of Service of Process form to acknowledge receipt).
Then, the other spouse has 30 days to file an Answer and Counter-Complaint.
Waiting Period
There is a mandatory "cooling off" period of 60 days for the spouse with no minor children after they file the divorce complaint.
However, if the couple has one or more minor children in a marriage, they will have to wait 90 days from the date the Divorce Petition was filed.
However, the time for the divorce to be finalized depends on when the final hearing date is scheduled.
Finalizing a Divorce Case
If the spouses can reach an agreement regarding their divorce-related issues, only one spouse will go to court for the final hearing. However, if an agreement cannot be reached, both spouses must be present in court.
If all the forms have been filed correctly and the Divorce Decree is reasonable, the judge will sign it, and the divorce will be final.
Filing basics
Filing for Divorce
Tennessee
How to get started
As each divorce case is unique and has its own independent circumstances, the list of divorce forms required for filing in Tennessee may vary. The list of basic divorce forms for an uncontested divorce may include, but is not limited to, the following forms:
Complaint for Divorce/ Request for Divorce (Form 1)
Spouse's Personal Information (Form 2)
Request to Postpone Filing Fees and Order (Form 3)
Health Insurance Notice (Form 4)
Divorce Agreement (Form 5)
Final Decree of Divorce (Form 6)
Court Order for Divorcing Spouses (Form 7)
Notice of Hearing to Approve Irreconcilable Differences Divorce (Form 8)
Civil Case Cover Sheet (Form 10)
Summons (Form 40)
Affidavit of Service (Form 50)
Permanent Parenting Plan (Form 145)
Divorce Certificate (Form PH1682)
The Divorce Agreement (Form 5) is crucial for an uncontested divorce. In this form, the spouses outline their divorce terms regarding such issues as marital property division, alimony (also known as spousal support), child custody, and child support. This document will significantly impact the facilitation of the divorce process.
As each county may have its own regulations, some local forms may be required to be submitted to the court in the county where the spouses do the filing.
Custody Basics
Determining child custody, the Tennessee law primarily focuses on the following objectives:
Doing what’s best for the child; and
Asserting both parents’ right of access to the child.
In Tennessee, legal and physical custody can be awarded solely to one parent or jointly to both parents.
An essential document regarding custody issues is a Parenting Plan. In this document, the spouses allocate their responsibilities and delineate each parent’s right to make major decisions for the children. It also outlines the visitation schedule and child support arrangements.
Parenting plans in Tennessee may be either temporary or permanent. The temporary plan is effective during the pending case, while the permanent plan becomes a final court order.
Tennessee family law designates one parent to be the primary residential parent (PRP) with whom the child will live more than half of the time. The PRP will have the final say on major decisions about the child.
The court chooses the PRP based on the child’s best interest, which refers to the following factors:
Both parent-child relationships;
Each parent's capacity to perform parental caretaking obligations;
The child's relationships with extended family members;
The child's adjustment to home, school, and community;
The importance of continuity in the child's life, including the length of time the child has lived in the current environment;
Either parent's history of domestic violence or emotional abuse;
Each parent's moral, physical, mental, and emotional fitness;
The child's reasonable preference (if 12 years old or older);
Parental work schedules; and
Any other factor the court considers relevant.
Divorcing parents in Tennessee are required to attend a four-hour parenting class before the court can grant a divorce.
Uncontested Divorce
An uncontested divorce is a convenient solution to end the marriage fast and simply. And yet, such a straightforward and easy divorce still requires much effort to be put into the divorce paperwork preparation stage. Spouses who want this type of divorce can also arrange the entire process without a lawyer, saving money on fees.
To enjoy the benefits of an uncontested divorce, the spouses must be willing to cooperate to settle all their disputes amicably outside of court. To do that, they need to agree on such issues as child custody, child support, visitation, property division, debts allocation, alimony, etc. The further arrangements are outlined in a Divorce Agreement.
Support Basics
In most circumstances, child support is paid to a primary residential parent. However, when the parents share the amount of time the child resides with them and have roughly equivalent incomes, child support will not be ordered.
The total amount of child support is calculated according to the state child support guidelines based on parents’ income and the number of children.
