Ending a marriage is often an overwhelming event with countless factors to consider. For many, the most intimidating aspect is the first step to initiate the process. Anne Hamer Law is here to help you understand how to file for divorce in Tennessee, ways to prepare, and factors to consider before requesting the dissolution of your marriage.
About Anne Hamer Law
Anne Hamer Law is committed to aiding people across Tennessee in their divorce cases. Lead attorney Anne Hamer has over two decades of experience handling matters ranging from simple separations to high-conflict contested divorces requiring lengthy litigation. Her tireless efforts in family law earned her recognition as a Super Lawyer from review service Super Lawyers every year since 2022.*
*Awards and recognition do not guarantee future results. Selection criteria vary between organizations.
How to File for Divorce in Tennessee
Divorce remains one of the most common types of family law cases in Tennessee. In 2023, the statewide divorce rate was 2.9 per 1,000 residents, higher than the national average of 2.4 per 1,000 people. The frequency of ending a marriage does not make the process easier. While each case is different, the following are the main stages of filing for divorce:
Establish Jurisdiction
The first step in filing for divorce is to establish jurisdiction. State divorce laws require one spouse to have lived in Tennessee for at least six months before initiating the separation. Cases are filed in either the circuit or chancery court for the county the spouses reside in, depending on the location. For example, Nashville divorce cases are handled through the Davidson County Circuit Court at the Metropolitan Courthouse located at 1 Public Square downtown.
Decide on Divorce Grounds
Once the appropriate court system is determined, the next stage is to decide whether to file a no-fault or fault-based divorce. Recognized grounds for marriage dissolution under state divorce laws include:
- Impotency
- Bigamy
- Adultery
- Willful desertion for over one year
- Conviction of an infamous crime
- Felony conviction resulting in imprisonment
- Malicious attempts on the other party’s life
- Hidden pregnancy on the wedding date without the husband’s knowledge
- Drug or alcohol abuse
- Acts of cruel treatment
- Refusing to move to Tennessee for over two years
- One spouse kicking the other out without just cause
- Acts that make the spouse’s position intolerable
- Irreconcilable differences between spouses
- Separation of over two years without minor children
Choose Requested Court Action
Another important decision before initiating a divorce in Tennessee is choosing the prayer for relief. The prayer for relief is a section of the complaint for divorce that requests the marriage dissolution, asks for related court actions, and the filing party’s demands. The presiding judge can typically only consider what is included in the prayer for relief during divorce proceedings.
Prepare and File a Complaint for Divorce
Once the previous decisions are made, the initiating spouse is prepared to file the complaint for divorce. This petition is the formal beginning to a divorce case and requires an accompanying filing fee. Contents of the complaint form include:
- Confirmation of residency requirements
- Venue details
- Reason for divorce
- Plaintiff and defendant’s personal information
- Information on any involved minor children
- Wedding date
- The date when spouses started living apart or the filing date
- Whether protection orders exist
- Disclosure of real property and general listing of marital assets
- Prayer for relief
After submission, the other spouse is notified and may respond to the proceedings and contest elements within the form.
FAQs
When Should You Speak With a Divorce Attorney in Tennessee?
You should speak with a Tennessee divorce attorney before filing for divorce, immediately upon being served, or as early as possible in your case. Skilled legal counsel can have a greater impact on securing a favorable divorce agreement when given ample time to prepare. It is recommended that you consult a divorce lawyer if you are already in the later stages of separation, as they can still provide valuable services to your situation.
How Much Does a Tennessee Divorce Lawyer Cost?
How much a divorce lawyer costs in Tennessee depends on factors such as the complexity of the case, whether it is contested, the value of involved assets, extent of legal aid, and total workload for the firm. Legal counsel for an uncontested proceeding with minimal assets is typically less expensive than representation in a divorce trial involving multiple minor children. During your initial consultation, your lawyer can estimate a rough figure for your final bill.
How Long Does a Divorce Take After Filing in Tennessee?
How long a Tennessee divorce case takes to finalize after the initial filing changes on a case-by-case basis. An agreed divorce with no real property and collaborative spouses may take several months, while a marriage dissolution with combative parties requiring multiple court orders and appeals could take years.
Tennessee divorce law has a minimum waiting period of 60 days for divorces without children or 90 days for divorces with children before any case can be finalized.
Can You Get a Divorce in Tennessee Without Going to Court?
Many looking to end a marriage wonder whether they can obtain a divorce without going to court. In Tennessee, at least one spouse is often required to appear at the final hearing where a judge finalizes a divorce agreement. Additional court appearances can be necessary if parties cannot agree on elements of the separation, requiring a trial verdict.
Hire a Divorce Lawyer to Help You File for Divorce
Filing for divorce is an important decision that can be difficult to manage on your own. Hire a divorce lawyer to help you prepare your case and guide you through the process. A Tennessee divorce attorney can explain your options, advise on grounds for divorce, organize assets, draft documents, and aid in each aspect of the proceedings.
Anne Hamer Law understands the multitude of concerns that come with filing for divorce. Reach out to book your initial consultation. During this meeting, we can learn your story, discuss potential issues you may face, and explore pathways for moving forward. You may also visit our Nashville offices, located at One Music Circle North, just off of Music Square East, a block southeast of Buddy Killen Circle and across the street from Tony Rose Park.
