Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be very complicated, knowing the basic information can help put a client at ease during a stressful time.
Divorce can be a difficult situation for every party involved. It is the legal undoing of two people's assets, liabilities, and everything in between that make up the fabric of their lives. Knowing what to expect and being prepared for the inevitable changes are important when you are going through a divorce.
The first decision to be made is whether the divorce will be contested or uncontested. If you can come to a full agreement, the divorce is uncontested and the process is more simple. If you cannot come to a full agreement, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.
In an uncontested divorce, the parties, or their attorneys, complete the necessary paperwork and file with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.
In a contested divorce, one party will begin the process by filing a complaint for divorce. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement is able to be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be a lengthy process.
In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means that the divorce cannot be finalized until the time period runs.
If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at (615) 784-4800 for more information about the divorce process in Tennessee.