We often receive calls from people whose spouse has presented them with legal documents asking for a divorce. The divorce, however, is something they both want; all they have to do on their end is sign the papers they are presented with.
Is signing uncontested divorce papers without consulting with an attorney a good idea? That’s a tough call.
Do you need a Laywer?, If your spouse has as laywer?, Uncontested Divorces
There are two types of divorce in Tennessee: Contested and Uncontested.
Uncontested Divorces are amicable and less expensive divorces. In the best of all worlds, all divorces could be handled in this manner. However, you usually need two reasonable people to have an uncontested divorce. However, even an unreasonable person often agrees to an uncontested divorce once they realize they can’t stop it in Tennessee. And if they try, it can cost them a lot of money.
With an uncontested divorce, we prepare the Complaint for Divorce, Marital Dissolution Agreement, Permanent Parenting Plan and Child Support Worksheet (if there are children), Qualified Domestic Relations Order (if there are retirements to divide), Quit Claim Deed (if there is real estate to divide) and the Final Decree of Divorce. You can be divorced as soon as 60 days if you do not have children together under 18 or 90 days if you do have children.
Often, I can go to Court on your behalf, and neither of you has to step into the courthouse. During our meetings, I explain the law regarding the division of your marital and separate property. Then, I will prepare the legal documents based on your agreement with your spouse.
If one party doesn’t agree to the divorce or refuses to sign an agreement under the terms that are fair to you, then the only other way to get a divorce in Tennessee is to file contested. Filing first in these cases can be very important. That is why it’s important to meet with an attorney and know your rights before you file. Or tell your spouse you are considering filing.
In contested divorces, we prepare a different type of Complaint for Divorce where we will state your grounds for divorce. There are quite a few grounds for divorce in Tennessee, and we can help you determine which of those the Judge will approve on your behalf. Contested divorces are served on the other party by the Sheriff or a private process server. Your spouse has thirty days to answer the Complaint. He files a formal Answer to what we filed on your behalf.
Sometimes, however, we can’t wait thirty days to get into Court. We file the appropriate motions in these cases so the Court can make temporary decisions. Such decisions on custody, child support, visitation, who will live where, and what will be paid until the final hearing. After the initial hearing, we often find the case will settle. Some people just need to “meet the Judge” and become more reasonable. For those that don’t, we proceed to the final trial once all the assets and debts are determined.
At trial, the Judge will determine custody, visitation, child support, alimony, and the division of the marital estate. Also, including your home and personal property.
Divorce is difficult—no doubt about it. It is usually one of the worst days of your life. You are upset and don’t know where to turn. You have no idea your legal rights and are often scared and worried about your future. We know how to protect you during the next few months. We will ensure you are not left financially and personally devastated when it is over.
Often, I tell my clients that one year from our first meeting – they will be a different person. And I won’t even recognize them. This happened to me just the other day. I walked into Court to handle a post-divorce matter for a client I had not seen in over a year. I didn’t recognize her. She had lost weight, cut her hair, dressed in bright colors, and had a huge smile. And looked amazing! Also, she reminded me that I had told her she would be a different person one year from our first meeting.
We can help with both contested and uncontested divorce. Contact us at https://www.kane-law.com/contact-us/