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THE DIVORCE PROCESS SERIES Uncontested Divorce Generally speaking, what is the divorce process? It depends on whether the case is contested or uncontested. A non-contested divorce is one in which the parties have an agreement or are close to an agreement. There must be an agreement for the divorce to proceed and be disposed of an uncontested matter. What are some of the issues to consider? Do the parties agree to get divorced? Do the parties agree to sell the house or allow one party to refinance? Do the parties agree on the fair market value of the house? Do the parties agree on the amount of equity to be paid to the spouse who is transferring his/her share of the real property? Do the parties agree on the division of the bank accounts, 401k’s, or other investment accounts? Do the parties agree on the division of the debt? If there are children, do the parties agree on which parent will be the Primary Residential Parent? What will the parenting time/visitation schedule be? Have the parties agreed upon a Parenting Plan? Child support will be covered in another blog. Do the parties agree on whether one party will pay attorney’s fees for the other party? Do the parties agree on who pays the costs? If there is an agreement on all issues, the parties can proceed on an uncontested divorce. If the parties do not have children, the waiting period is 60 days from the date that the Complaint is filed until the divorce can be finalized (A DIVORCE WILL NOT BE FINALIZED ON THE 60 TH DAY). If the parties have children, the waiting period is 90 days from the date that the Complaint is filed until the divorce can be finalized (A DIVORCE WILL NOT BE FINALIZED ON THE 90 TH DAY). So let’s say you have an uncontested divorce. One party files a Complaint. That party is commonly known as the Plaintiff. The lawyer for the Plaintiff routinely sends the Complaint to the other party, known as the Defendant, by regular U.S. Mail. The Defendant can (and usually) waives service of process. If the Defendant does not want to waive service of process, the Complaint and a Summons can be served by a sheriff’s deputy, a private process server, or by certified mail. The Plaintiff’s attorney then prepares a Martial Dissolution Agreement and Parenting Plan with a Child Support Worksheet (if there are minor children). Both parties sign the agreements, and they are filed with the Clerk of the Court. Once the sufficient amount of time has passed (60 or 90 days), the attorney for the Plaintiff obtains a final hearing date. The Plaintiff and his/her attorney go to Court (there are a few exceptions) for a final hearing, which is quick and easy. Some counties do not require an actual in person hearing. The Final Decree is usually available in a day or two. Some Courts take a little longer to process the paperwork. CAUTION: Wait 30 days from the date of the entry of the Final Decree to get married again. Either party may file a Motion to Set Aside the Final Decree (there are multiple reasons), which could and would mean that the divorce is not final and that the parties are still married. If one of the parties has remarried, he or she could be married to two (2) people, which is a crime in Tennessee. I will cover issues related to the contested divorce process in my next blog post. If you have questions, please contact me through this website or call me at 615-882-0190. 

On Wednesday, January 11, 2023, Governor Bill Lee appointed Stanley Kweller as circuit court judge for the 20th Judicial District to fill a vacancy created by the death of Judge Phil Smith, effective immediately. Judge Kweller will take the bench on Friday, January 20, 2023. “Stan is a highly qualified attorney, and I value the significant experience he will bring to the 20th Judicial District,” said Lee. “I am confident he will serve Tennesseans with integrity and appreciate his leadership.” (This material was taken from a press release).  Kweller formerly served as an attorney at Watkins & McNeilly, PLLC. Kweller brings 45 years of legal background to his respective role, including decades of family practice experience and nine years as an Assistant District Attorney General for the 2nd Judicial District. Kweller earned his bachelor’s and master’s degrees at Emory University and J.D. at the University of Tennessee College of Law.This is a subtitle for your new post

Happy New Year!

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