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Tennessee Uncontested Divorce Online  


Uncontested Divorce Online


Before you start completing your uncontested divorce forms with us, please read all the requirements for Tennessee divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online


Requirements for Tennessee divorce

Residency Requirements:
The spouse seeking divorce must have been a resident of Tennessee when the grounds for divorce arose. If the grounds for divorce arose outside of Tennessee and the petitioner resides outside of Tennessee, either spouse must have been a resident of the state for 6 months prior to filing. [Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-104 and 36-4-105].
Legal Separation:
Absent residency requirements, the grounds for legal separation are the same as grounds for divorce. If the legal separation has been in effect for 2 years and the spouses have not reconciled, either spouse may request that the separation be converted to an absolute divorce. [Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-102 and 36-4-119].
General Divorce Procedure:
If the divorce is based on irreconcilable differences, the spouses may enter into notarized marital settlement agreement. The agreement must: 1) make specific reference to a pending divorce by the name of the court and the docket number; 2) state that the respondent is aware that a divorce will be filed for in the state of Tennessee; 3) state that the defendant waives service of process and waives filing an answer. The waiver of service will be valid for 180 days after the respondent signs the agreement and will constitute a general appearance by the respondent and give the court personal jurisdiction over the respondent and will constitute a default judgment. The petition for divorce must have been on file for over 60 days before a hearing will be held if the spouses have no minor children and 90 days if they have any minor children. The spouses must make adequate and sufficient provisions in their marital settlement agreement for the care and custody of any minor children and for an adequate settlement of their property. The spouses may also make provisions in their settlement for alimony. A final decree may be entered without any corroborating proof or testimony by the petitioner or defendant. If the respondent denies or contests that there are irreconcilable differences, a divorce may not be granted on those grounds, unless there is a valid marital settlement agreement. Some counties may require the respondent to sign an appearance and waiver form before the court clerk for it to be valid. In addition, in any petition for divorce, the wife’s maiden name must be stated and the race or color of each spouse must be stated. Financial affidavits may also be required. [Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-103 and 35-4-116 and Tennessee Rules of Court].
Title of Divorce action:
Petition for Divorce.
  Uncontested Divorce Forms Online

Grounds for Tennessee Divorce:

No-fault grounds for divorce in Tennessee include:
    1) irreconcilable differences if the souses submit a properly signed marital dissolution agreement, or they do not deny the grounds, or this ground for divorce is combined with other grounds;
    2) they have been living separate and apart without cohabitation for two years and there are no minor children.
[Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-101 and 36-4-103]

Fault-based grounds include:
    1) Impotence;
    3) Conviction of a felony and imprisonment;
    4) Alcoholism or/and drug addiction;
    5) Wife is pregnant by another during the marriage without husband’s knowledge;
    6) Willful desertion for 1 year;
    7) Bigamy;
    8) Endangering the life of the spouse;
    9) Commission and/or conviction of an infamous crime;
    10) Refusing to move to Tennessee with the spouse and willfully absenting from oneself from a new residence for 2 years;
    11) Cruel and inhuman treatment;
    12) Spouse has made life intolerable;
    13) Abandonment and kicking the spouse out of the home and refusal to provide spousal support;
    14) Living separate from each other for 2 or more years.
[Tennessee Code Annotated; Volume 6A, Title 36, Section 36-4-101].
Where to file for divorce:
In the county where both spouses resided at time of separation, or county where the respondent resides if he or she is a resident of Tennessee, or the county of petitioner if the respondent is not a resident of the state. [Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-104 and 36-4-105].
Mediation or Counseling:
The court may delay the proceedings upon request by either spouse to allow an attempt at reconciliation. In addition, in those cases, which involve child custody considerations, the court may order either or both parents to an educational seminar concerning the effects of divorce on children. [Tennessee Code Annotated; Volume 6A, Title 36, Sections 36-4-126, 36-4-130, and 36-6-101].
Rights to Maiden Name:
A wife may restore her maiden name.
Go to "Change Name" service
Filing Fees:
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
Uncontested Divorce Forms Online

* Related Uncontested Divorce Facts
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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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