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Once you and your spouse admit that it is in your best interests to part ways, you may not want to waste any time in formalizing your divorce. However, there may be requirements along the way that stall this legal process, most notably the mandatory waiting period. Without further ado, please follow along to find out how long the waiting period is for a Tennessee divorce and how one of the proficient Clarksville divorce lawyers at Fendley and Birch can help you get through it.
It’s important to understand that if you wish to file for divorce in Tennessee, there are mandatory waiting periods you must meet before you will be eligible for a divorce.
Under TN Code § 36-4-101, the waiting periods are as follows:
You should note that this period is imposed regardless of whether or not the divorce is uncontested or no-fault.
Generally, the waiting period begins immediately after the divorce complaint is officially filed with your local county court. It’s important to understand that you cannot waive or shorten this period, as the court legally cannot finalize a divorce until the waiting period expires.
Tennessee imposes a cooling-off period to give you and your spouse the chance to reconcile during this period. This then allows you to rescind the divorce complaint, thus saving yourselves and the court time.
It’s important to understand that, in addition to the mandatory waiting period the state imposes for divorcing couples, you must also meet the minimum residency requirements to get divorced in the state. It’s critical to understand that this is separate from the waiting period.
In order to get divorced in accordance with Tennessee law:
If you are filing on the grounds of fault in Montgomery County, the residency in the state must exist at the time that the conduct occurs.
Under certain circumstances, the residency requirement to file for divorce in Tennessee may be waived:
It’s important to understand, however, that these exceptions only impact when you are able to file, and do not waive the mandatory waiting period itself.
Besides the prerequisites of a mandatory waiting period and residency requirement, the steps within the divorce process itself may come with additional delays depending on the type of divorce and the circumstances of your case.
An uncontested divorce, in which you and your spouse agree to all terms and conditions of the divorce, is typically finalized shortly after the waiting period ends.
However, delays may occur due to:
A contested divorce, in which you and your spouse cannot reach an agreement on one or more aspects of your divorce, generally takes much longer to navigate. This is because these cases can involve:
As such, some contested divorces may take months or years to resolve, depending on their complexity and the availability of the court.
It’s important to understand that, while the Tennessee Court may be able to waive the mandatory residency requirements for a divorce, it is unable to waive or shorten the mandatory waiting period.
Navigating a divorce can be an incredibly complicated process, as you not only have to consider the emotional aspects of this process, but the legal and financial matters as well. That is why working with the team at Fendly and Birch is in your best interest. If you need help navigating your divorce, do not be afraid to contact one of the talented Clarksville family lawyers today.
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