Divorce Filing Requirements in Tennessee

If you are filing for divorce for the first time in Tennessee, you will need to follow certain laws and procedures to ensure a successful outcome. The first step is to contact a Memphis divorce lawyer who can walk you through the legal process of divorce and help you make decisions that are in your best interest.

What are the Tennessee laws regarding a divorce case?

Residency Requirements – To file for divorce in Tennessee you must meet the state’s residency requirements in order for the court to accept your petition. The spouse filing the divorce petition (referred to as the “petitioner”) must have been a resident of the state of Tennessee for at least 6 months prior to filing. The divorce case must also be filed in the county in which the couple resides.

Grounds for Filing – Tennessee law states that a divorce case must be predicated on appropriate and accepted grounds or reasons. There are 2 grounds for filing: 1) no-fault; and 2) fault. No-fault includes reasons like irreconcilable differences while a fault divorce case may be for reasons like adultery, alcoholism and desertion among many others. Your divorce attorney will be able to tell you what grounds your situation will fall under.

What can I expect when going through divorce?

The beginning of your divorce case is usually marked by the summons and petition or the dissolution of marriage legal proceedings. A summons is a legal document that must be filed with court system that announces the divorce action. The petition has 2 parts consisting of a statement which identifies the parties involved and what damages or support the petitioner, the person filing, is seeking.

After the summons and petition have been filed and accepted by the court, the opposite party or the respondent has 30 days to file an official “answer” to the summons and petition. Typically this is just a statement of facts that the person understands that they are involved in a divorce case and agree to move forward with legal proceedings. 

In some cases the court may require that the 2 parties engage in professional mediation to settle disputes before appearing in court. In mediation, those involved in the divorce case meet with a professional and neutral mediator who will guide them through exercises and dialogue in an attempt to resolve disputes.

If you and your divorce attorney are unable to settle your divorce case through mediation it will go onto play out in court by trial. Your attorney will prepare you for court should your case come to this point. You will usually be asked to answer certain questions and provide information about why you are filing for divorce.

If after a trial, the case does not end in your favor, you and your divorce attorney has the legal right to appeal the decision. However, the timeline for making an appeal is very limited so you should not wait if you plan to pursue this course of action. 

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

Contact a Memphis Divorce Attorney Today

If you do not have legal representation for your divorce case, contact a Memphis divorce attorney at the Miles Mason Family Law Group. We will always look out for your best interests and offer you guidance and honest answers throughout the entire divorce process. 

Divorce is never easy, but you can ease the legal burden with help from a law professional. Our legal staff will fight to ensure your spousal and/or parental rights are upheld as they relate to your divorce case. This includes issues relating to child support, child custody, alimony and property division.