What Is the Divorce Process Like in Tennessee?

Divorce is a very complex, intricate process, especially for someone like yourself who may have never undergone it before. So the best thing you can do for yourself is not go into this process blind. Rather, you should know almost exactly what the next months or years of your life will look like, and plan accordingly from there. With that being said, continue reading to learn what to expect from the divorce process in Tennessee and how one of the experienced Clarksville divorce lawyers at Fendley and Etson can walk you through it.

How might my spouse respond to my serving divorce papers?

First of all, if you are the spouse initiating a divorce, you must file a petition for divorce with the chancery or circuit court in the Tennessee county where you reside. Soon after, you must serve your soon-to-be former spouse with the petition for divorce and a notice of proceedings. From here, they have 30 days to respond. Now, their response may be an agreeance to all the proposed divorce-related terms you outlined in your petition. Or, their response may be to contest the divorce, in which case you will have to proceed in a court setting.

What is the rest of the divorce process like in the state of Tennessee?

To reiterate, if your spouse disagrees with your desired arrangements post-divorce, your case may become litigated or contested. This means that the Tennessee court must now intervene and make a final order on your alimony, child custody, child support, and property division on your behalves. Therefore, with a contested divorce, the rest of the process will generally go as follows:

1. You and your spouse will negotiate temporary orders for alimony, child custody, child support, and property division via mediation.
   • Or, if you cannot reach an agreement, the Tennessee court may issue temporary orders on your behalves.
2. You and your spouse may enter the discovery phase, where you exchange financial information mainly for property division purposes.
   • Of note, your litigated proceedings may stop at the discovery phase if you and your spouse agree on everything here.
3. You and your spouse may present your arguments and evidence to the Tennessee judge to decide on divorce-related issues on your behalves.
4. You and your spouse may receive a final divorce decree from the Tennessee judge, which officially and legally terminates your marriage to one another.

Ultimately, this process may go differently, and arguably be more simplified, if you and your spouse enter an uncontested divorce instead. However, an uncontested divorce can easily turn into a contested divorce. But, in any event, if you know for certain that now is the time to get started on your divorce, then please reach out to one of the skilled Clarksville family lawyers. Our team at Fendley and Etson is well-equipped to take on your case.