Your Checklist to a Tennessee No-Fault Divorce

No-Fault Tennessee divorce checklist. Your to do list for a basic, no frills, no fault, Tennessee divorce.  An experienced Tennessee divorce lawyer likes to keep detailed checklists to track proceedings for each client. Tennessee divorce attorneys represent many family law clients simultaneously, but there’s nothing wrong with tearing a page from the expert’s book.

To ensure that you “dot every i and cross every t” in your own no-fault divorce, start with the following checklist. Add your own specifics (calendar filing deadlines, mediations, hearing dates) to stay on track as you learn what needs to be done and by when in your pending case. What better way to track where your divorce is going and where it’s been than a step-by-step checklist?

Where Do You Begin a No-Fault TN Divorce?

A no-fault Tennessee divorce is available to couples whose marital relationship leaves them in a state of “irreconcilable differences.” That is, for them, remaining married has become an untenable, unacceptable situation. The only other true no-fault ground for divorce requires the spouses’ two-year separation in a marriage with no minor children. For Tennessee divorces to be granted on the grounds of irreconcilable differences, the parties must agree (settle the divorce) on the settlement of the divorce.  If there is no settlement, a party must either prove grounds for a divorce or the parties must stipulate as to grounds for divorce.

Before discussing the basic steps to a no-fault divorce, be mindful that any divorce may be contested. When the only ground for terminating the marriage is “irreconcilable differences” and a party contests, the court will not grant the divorce on that sole basis. Both parties must agree that irreconcilable differences have developed. (As you may have experienced in your own life, one’s reality can differ substantially from another’s. One spouse’s viewpoint of how well the marriage is working may be diametrically opposed to the other spouse’s perception.)

No-Fault Divorce Checklist

To get you started, here is an overview and checklist of the basic steps in a no-fault divorce:

1. Get the Ball Rolling By Filing a Complaint

To get the ball rolling, one spouse or the other must file a Complaint for Divorce with the Clerk of Court. The complaint petitions the court for relief in the form of dissolving the marriage, along with a request that the judge issue orders to equitably distribute the spouses’ property, award alimony, order child custody and parenting time along with child support. The court will issue a Summons. That’s the court’s order summoning the other party to respond and defend.

2. Checklist item 2: Serve Notice of the Divorce on Your Spouse

If you initiated the divorce, then you must give proper notice to your spouse. This is service of process and there are several ways to accomplish it. You’re required to serve your spouse with both the Summons and divorce papers. Whether service is accomplished by private process server, sheriff’s deputy, or U.S. mail, you will need to provide proof of service describing how the other party was served according to law. Failing to properly serve the other party could result in case dismissal.

3. Filing an Answer to the Complaint

Once served, it’s up to your spouse to respond by filing an Answer and, very possibly, a Counter-complaint.

4. Enter Divorce Settlement Negotiations

There are many issues that need resolving between the parties. To avoid a divorce trial, settlement negotiations begin early and continue until the couple has, ideally, reached a marital dissolution agreement.

5. Discovery Phase of Divorce

In a no-fault divorce, settlement negotiations should already be taking place when the divorce enters into the Discovery phase. The process known as discovery refers to the uncovering and sharing of information and evidence relevant to the parties’ case. To determine the size and makeup of the marital estate, for example, Tennessee divorce attorneys utilize interrogatories, depositions, requests for production of documents, and requests for admissions.

6. Prepare for Child Custody and Required Parenting Plans and Child Support Worksheets

When the couple has minor children, each parent must participate in a four-hour parenting-through-divorce class (certificates of completion must be filed, too). Although specific child custody and child support procedures are beyond the scope of this article, you’ll find an abundance of information on our webpage:

Tennessee Child Custody Laws in Divorce

In every custody decision, the best interests of the child will take precedence over the parents’ independent desires should the two diverge.

7. Mandatory Cooling Off Period

The marital dissolution agreement may be signed and ready, but there is still the mandatory waiting period before a divorce hearing can take place. This waiting period gives the spouses time and opportunity to reflect and, perhaps, reconcile. The “cooling off” period starts with the filing of the complaint. When the marriage involves minor children, the parties must wait 90-days. For couples without minor children, the wait is only 60-days before the divorce can be finalized.

 8. Prepare for the Hearing

At the end of the waiting period, schedule a no-fault divorce hearing with the court room clerk and give notice to the other party of the date and time. You’ll need to bring some documents with you: the parenting plan, parenting-through-divorce certificate of completion, qualified domestic relations order (QDRO) for retirement assets, wage assignment for child support, and so on. A Certificate of Divorce form is required for Tennessee’s official vital records purposes and must be filed at the end of the case.

The hearing will be brief with your lawyer asking you several questions about the case. (Don’t confuse the no-fault hearing with a divorce trial, the two proceedings are quite different.) The judge may ask questions as well. There are important technical legal requirements judges are making sure you’ve complied with.

9. Final Decree of Divorce

After a quick review at the hearing, the judge signs orders and issues the Final Decree of Divorce. If the other party was a no-show at the hearing (after having received notice) but everything seems proper, then the court will likely go ahead with a Default Judgment of Divorce.

As you contemplate divorce, your lawyer will teach you about the substantive law, technical legal requirements, and court procedures involved. The more you know about the divorce process, the better the results are likely to be for you and your family. A great new book available on Amazon is The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know. Now only $9.99 on Kindle!