Getting Through Your Tennessee Divorce Quickly
- At March 27, 2013
- By Miles Mason
- In Divorce, Divorce Tips, Home, Pre-divorce Planning
- 0
Wanting a quick and easy divorce is normal. Every Tennessee divorce has unique circumstances, whether it’s filed in Collierville, Memphis, Germantown, or elsewhere. When meeting with clients for the first time, our Memphis attorneys will determine right away:
What are the grounds for this divorce?
How angry are the parties?
Do the parties have minor children?
Are there substantial or complex marital assets to be divided such as pensions?
Was the marriage of long duration?
Are the spouses near or at retirement age?
Will alimony be needed to support a spouse?
Although that only brushes the surface, you get the idea – most married couples have fairly complicated relationships. And the more complex the divorce, the longer it can take to resolve all of the issues. The less anger, less complicated the assets, and fewer issues, the easier and quicker the divorce may be.
Tennessee Chill – Minimum 60 To 90 Days Before Divorce Is Final
Here in Memphis, we refer to the minimum wait as a “cooling off” period. What’s the reasoning behind this requirement? Mainly, it gives the couple an opportunity to defuse any heightened emotions before they make one of the most important decisions of their lives. No divorce should be taken lightly; spouses need time to “chill out” before they commit to legal proceedings intended to put an end their marriage. In other words, we don’t want to see haste and passion result in divorce when the couple just needed some time to reconcile their differences.
Why does Tennessee have two cooling off periods?
● Divorce with minor children: If the spouses have minor children, then they must wait at least 90 days from the filing of the complaint before their divorce can be finalized. At least three months is required for parents to cool down as a way to protect the best interests of their children.
● Divorce with no children: When the spouses do not have minor children, they need only wait 60 days from the filing of the complaint before the divorce can be finalized. If the couple can agree on the division of their property and alimony, then they can get through to the finish line very quickly.
With or without children, if a divorce is contested, then the process can take a year or even longer to address all of the parties’ issues. That’s particularly true when the spouses have substantial complex assets that must be divided, or when one spouse tries to conceal marital property for personal advantage.
When to File? Ask Our Memphis Divorce Attorneys
All too often, one spouse will wait for the other to make the first move. Instead, to move quickly you should prepare by meeting with a Memphis divorce attorney to learn what your legal rights are and what will be required of you in the event of a divorce. Call (901) 683-1850 today and arrange for a confidential consultation with an experienced attorney from the Miles Mason Family Law Group. You’ll learn how long each procedure in the divorce is likely to take, the costs involved, and how to take an easier path. Once you have that information, answering the “When to File for Divorce” question will be a lot easier.
The keys to a quick and less expensive divorce are: low levels of anger, getting the “clock” started by filing a complaint for divorce, getting the necessary documents to the lawyer, working with an experienced family law paralegal and lawyer to get the settlement paperwork drafted (marital dissolution agreement, permanent parenting plan, and child support worksheets), and reach an agreement. We also recommend completing the parenting classes done as soon as possible.
Whenever you have questions about the Memphis TN divorce process, turn to Tennessee Divorce Laws FAQs | Filing for Divorce in Tennessee & Forms for answers.