Family Law Services

Divorce in Tennessee can be a complicated process. Even if you think your case is easy and uncontested, you need a lawyer. Why? There are rules that the courts must follow, the Tennessee Rules of Civil Procedure and the Tennessee Rules of Evidence. Each judicial district has its own local rules. Judges in some counties have their own chamber rules. If you do not follow the rules, you will not get a divorce.

The process begins when a Complaint for Divorce is filed. The spouse who files the Complaint is the Plaintiff. The other spouse is the Defendant. 

There are two (2) kinds of divorces in Tennessee, i.e. contested and uncontested. If you and your spouse have agreed upon all terms of the divorce, it can be filed uncontested.

Divorces with children must be on file for 90 days before finalization. If there are no children, the Complaint must be on file for 60 days. 

Upon filing for divorce, you and your spouse are under a temporary injunction pursuant to TCA Section 36-4-106(d). This document is a court Order that immediately goes into effect on the Plaintiff upon filing and upon service on the Defendant.  This statutory injunction sets out basic things parties cannot do during the pendency of a divorce. 

Failure to follow the statutory injunction can result in you being found in contempt and incarcerated by the judge.

If the divorce is uncontested the parties, with their lawyers, will work out an agreement for the disposition of the asset and debts, as well as care and support of any children of the marriage. The agreement is memorialized in a Marital Dissolution Agreement and Parenting Plan. To calculate the amount of child support, Tennessee uses an income shares worksheet. 

If the divorce is contested, after service of process, the attorneys involved will exchange Interrogatories (questions on paper) and Requests for Production of Documents. With a few exceptions, all Interrogatories must be answered and all documents produced. The responses and documents help the lawyers learn about the case. 

After the responses are complete, and all documents have been exchanged, the parties will attend mediation. Many cases settle in mediation. If a case does not settle in mediation, it can be set for trial. 

If a spouse needs support during the pendency of a divorce, a motion for temporary support can be filed. If a spouse is not able to see the minor children, a motion for parenting time can be filed.

In some cases, a contested divorce can take two (2) to three (3) years. The more you and your spouse can come to an agreement on, the better. Cooperation will go a long way in cutting down on the time for a divorce to be finalized, as well as cut down on attorney’s fees.

The forms attached to the website are forms used in this office and in most of the courts in Tennessee. 

DISCLAIMER: THIS IS INTENDED TO GIVE YOU A GENERAL OVERVIEW OF THE DIVORCE PROCESS. IT IS NOT LEGAL ADVICE AND NOT INTENDED TO BE LEGAL ADVICE.