Filing an Uncontested Divorce in Tennessee

There are 2 common categories of divorce: contested and uncontested. An uncontested divorce is often the simpler of the 2, but that doesn’t mean that the process may be any less stressful without professional help with family law in Tennessee.

Our attorneys want you to be informed about your options and the process of settling an uncontested divorce.

What is considered an uncontested divorce in Tennessee?

The basic definition of an uncontested divorce is when a couple agrees to all of the terms of the divorce before filing any official petitions.

An uncontested divorce can be either fault or no-fault, as long as both spouses agree that the marriage should be terminated because of the reasons cited in the Marital Dissolution Agreement.  

The grounds for an uncontested divorce must be because of irreconcilable differences but can be combined with fault grounds such as adultery.

Beginning the Uncontested Divorce Process

An uncontested divorce does not mean that there will be no need for negotiations in the settlement. There are still matters that must be addressed, such as alimony, child support/custody and marital property division. Before filing your Marital Dissolution agreement, you will need to agree on all the matters applicable to your household.

Most couples seeking an uncontested divorce do so with the help of a mediator.

A divorce attorney who focuses on family law in Tennessee is an excellent source of guidance in the mediation process, which can involve a professional mediator and your spouse’s attorney.

As the terms of the divorce are agreed upon, they are added to the official request for divorce, the Marital Dissolution Agreement. This document is filed with the Clerk of Court in the county where the couple resides or in whichever county the resident spouse resides.

Once the agreement is filed, the other spouse has to provide an answer confirming that he or she agrees to the terms set forth in the document and is not contesting the divorce. If pure irreconcilable differences are the grounds for the divorce, a simplified resolution may be made by the respondent (the spouse who did not file the initial agreement) by signing a waiver of service, which can reduce the time for settlement to 2-3 months.

Determining if You Are Eligible for an Uncontested Divorce

The main benefit of filing an uncontested divorce is that you do not have to attend a court hearing to resolve your case. Because the terms of the divorce have been agreed upon by both spouses ahead of time, the court receives a final resolution in your Marital Dissolution Agreement and only has to review and approve it.

As long as you have provided the court with all of the necessary forms, agreements and documentation in your case, a Final Decree will be granted. This document will be mailed to you and your spouse, informing you that you have completed the divorce process successfully under family law in Tennessee.

If you do not receive this notice, then there may be issues that you failed to address in your agreement. A divorce attorney review is often necessary at this point to make sure that you have all of the requirements met for an uncontested divorce.

It’s important to have an attorney on your side not only at the end of the process when you are denied after filing the agreement, but also from the very start so you may avoid this situation. Professional legal guidance is well worth it when you have children or marital assets to protect for your future. Remember that your spouse also has the right to an attorney, so you should be proactive and seek legal counsel as soon as you begin the divorce process.

To learn more, see Tennessee Divorce Laws & Filing FAQs.

Even an Uncontested Divorce Can Benefit From Legal Help

While the uncontested divorce process may remove the need for a court hearing, there still may be negotiations to undergo to obtain an agreement. Especially when your family’s future is at stake, you need to make sure that you are getting treated fairly in the divorce process.

At the Miles Mason Family Law Group, PLC, our team is here to help you and your family through the divorce process with the highest respect and care. We focus on both the emotional and financial burdens you may face during this time and help ease the stress on your personal life.