Online divorce is a cheap and hassle-free solution for couples who want to separate amicably and save money on divorce paperwork. In addition, since uncontested divorces don’t always require a lawyer, online services are an excellent alternative to preparing all the legal papers and filing them with the court independently.
How does it work?
The person applying for online services needs to register and answer questions about their marriage and desired divorce terms. After selecting the appropriate state-specific forms, the system will help to fill them out correctly. The papers will be ready to download and file in two business days. The packet of documents also includes the filing guide.
The main reasons why people choose online divorce are:
Contested Divorce
Online Divorce $299
DIY Divorce
These are the court forms the couples need to start their divorce:
Some of these forms will not be used, depending on the circumstances. And there could be others that will be necessary, for example, subpoenas to call witnesses to the court hearing and motions for temporary relief.
Spouses can obtain divorce forms in Tennessee from a county clerk or search the official state resources, such as Tennessee courts’ websites, where they can download blank forms. Another quick and affordable way to get the court papers is to use CompleteCase.com.
Filling out the papers is not always straightforward, especially for people without a legal background. Below are the steps and some advice on how to complete the forms correctly.
If the documents contain mistakes or incorrect information, the court clerk will probably reject them, and the petitioner will have to start all over again.
To ensure the correctness of the data in the paperwork, the spouses can use CompleteCase.com. This online service assists couples in selecting and completing divorce papers without hassle.
The process is simple and quick. If both parties agree to the separation terms, they will only need to answer a few questions from the CompleteCase online questionnaire. Then, two days later, they can download the papers in PDF format, print them, and submit them to the local court.
Divorce is a complex process consisting of several stages, and the main ones are described below.
Grounds for Divorce
Initial Filing
Court Fees
Serving a Spouse
Finalizing a Divorce
Grounds for Divorce
Every divorce occurs for a reason. In legal language, these reasons are called “grounds.” They can be no-fault and fault-based. Each person should choose one of them and state it in the divorce petition.
No-fault divorce in Tennessee can be granted in two instances: irreconcilable differences with no chances for reconciliation and separation for two years.
The primary condition for a judge to issue a final judgment is that the spouses conclude a settlement agreement with adequate child custody and support provisions.
When a person files for divorce using one of the fault-based reasons, they need to verify their claims by affidavit, oath, or affirmation before the court or notary public. Tennessee State Laws provide the following fault-based grounds:
Initial Filing
The primary forms to prepare and file with the family court are the Request for Divorce and the Spouses’ Personal Information form. The papers should be filed with the circuit court in the county where the defendant lives. If the other party doesn’t live in Tennessee, the paperwork can be submitted to the court in the county where the plaintiff lives.
Court Fees
When the plaintiff comes to court and wants to start the marriage dissolution case, they usually must pay filing fees. In Tennessee, each county has its own fee schedule, which can be found online or at the Clerk’s office. The filing fee is approximately $380 for couples with minor children and $310 without them.
Serving a Spouse
Tennessee Rules of Civil Procedure require a plaintiff to notify the defendant about the start of divorce proceedings. It should be done:
Finalizing a Divorce
When all the papers have been filed and the waiting period is over, the plaintiff must ask the court clerk to set the final hearing date. After the judge signs the divorce decree, its copy should be delivered to the other spouse if they weren’t present to receive it themselves.
A divorce lawyer can help the couples to formalize their divorce and defend their interests in court. In contested cases, each spouse has an attorney who prepares divorce documents, files them with the court, serves the other spouse, and represents their client at court trials.
Family law attorneys’ services in Tennessee can vary from $100 to $300 and even higher, depending on the attorney’s experience and the prestige of their law firm.
Couples with uncontested divorces don’t always need a lawyer. For instance, they can choose an alternative way to end their marriage called DIY divorce. It’s when the spouses don’t hire a lawyer and prepare their divorce paperwork independently. They also file the papers with the court and attend a hearing without legal representatives.
To file for an uncontested no-fault divorce, the spouses must:
A DIY divorce is the best way to reduce divorce expenses and be in control of the outcome. Additional tools, such as CompleteCase.com online service, can help make this process even faster by providing the spouses with legal papers in just a few clicks.
Child Custody
Tennessee Family Law provides two types of child custody: legal and physical. Each type is divided into sole and joint custody. The judges most often grant joint custody since they believe that it’s in the children’s best interests to be raised by both parents.
Legal custody refers to child-related decisions about education, healthcare, religion, and other activities.
Physical custody determines with which parent the children will live permanently.
Joint custody allows both parents to participate in their child’s upbringing and make vital decisions influencing their well-being.
Sole custody restricts the non-custodial parent’s rights to make legal decisions about the child or live with them daily.
When deciding what type of custody to order, Tennessee judges consider the following:
The likelihood that one parent will encourage the child’s close contact with the other is determined according to how well they follow the court orders on parenting arrangements, such as parenting classes.
Child Support
A non-residential parent usually pays a specific amount of money (child support) to their minor children after divorce. It should cover basic needs such as food, clothing, housing, medical needs, etc. The total amount is calculated according to the state child support guidelines based on parents’ income and the number of children.
A waiting period is a minimal number of days that pass between filing for divorce and the moment of getting a final court order. Tennessee has two types of waiting periods, depending on circumstances.
The spouses can get divorced no sooner than 60 days after filing if they don’t have underage children and 90 days if they have minor kids, biological or adopted. However, the couple rarely dissolves their marriage after the waiting period passes unless their divorce is amicable.
So, if the spouses want to speed up the process, they should:
Divorce in Tennessee is only granted if the couple meets the state residency requirements:
Military members whose state of residence is not Tennessee can also ask the court to grant their divorce. However, their period of living should be longer. They or their spouses need to live within the state’s borders for at least one year.
How long will it take in Tennessee?
Uncontested divorces are the shortest. They can be finalized in two to three months on average, especially if there are no children. But if the couple has many unresolved disputes about custody or property, their divorce process can extend to six-twelve months.
Can I get a free divorce in Tennessee?
If the plaintiff cannot afford to pay the court fees because of their low income, they can ask the judge to waive the payment. To do this, they need to sign a fee waiver called a Uniform Civil Affidavit of Indigency form and file it with the court clerk.
How to file for divorce in Tennessee?
To apply for Tennessee divorce, the plaintiff must prepare and file a Request for Divorce with or without children with the circuit court.
How much does a divorce cost in Tennessee?
To apply for Tennessee divorce, the plaintiff must prepare and file a Request for Divorce with or without children with the circuit court.
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