Tennessee No Fault Divorce

Divorce Papers > No Fault Divorce > Tennessee No Fault Divorce

In Tennessee, the waiting period is sixty days, if minor children are not involved in the divorce and if minor children are involved then it is ninety days. Another term for waiting period is "cooling off period." As per the law of this state, this period has been scheduled with the intention that the divorcing partners can again contemplate their resolution to have divorce.

Grounds of Tennessee No Fault Divorce

It has to be stated by any one divorcing partner that due to irreconcilable differences their marriage has irretrievably broken down. There is no requirement for this divorcing partner to point out any fault of the other partner. Additionally, there divorcing partners must have resided apart and separate for 2 years in the absence of cohabitation.

Residency requirements of Tennessee No Fault Divorce

  • If the grounds for divorce have taken place in this state, then, it is possible to file for the divorce from this state
  • If the grounds for divorce have taken place outside this state or if the divorcing partners wishes to file for a no fault divorce, then, it is compulsory that minimum one partner should have resided in this state for at least 6 months

One of the following counties can become the venue for filing the divorce papers.

  • Wherein the parties lived when the separation took place
  • Where the Defendant stays
  • Where the Plaintiff stays

Points to note

  • The Petitioner has the right to serve a copy to the Respondent by mail or by hand. There is no need to take the assistance of a process server or a Sheriff.
  • If the Respondent accedes to the terms in the Petition, there is no need to initiate any action
  • If the Respondent does not agree to the terms in the Petition, the Respondent may contest the action
  • When the Respondent contests the action, the court appoints a mediator to resolve the issues in dispute
  • If the divorcing couple does not own considerable property and they can reach an agreement over the existing property distribution, then it is possible to have a divorce without the assistance of a lawyer
  • Similarly, the services of an attorney are not required when the divorcing couple has minor child or children but can agree with each other regarding visitation and child support amount. The divorcing couple should discuss the following topics while forming a plan for their children.
    • What should be done if the divorced partner remarries and the stepparent is willing to adopt the child or children?
    • Who is responsible for the payment of the travel, education and living expenditure of the child or children?
    • How will the divorced partners make combined decisions about the health care and education of the child or children?
    • The child would stay with which divorced parent?
    • What will be the visitation timings?
  • The divorcing couple should speak with each other regarding the following issues of income taxes
    • In case of past or present joint income tax returns, if any deficiency is located, then payment of such a deficiency is the responsibility of which divorced partner?
    • In case of past or present joint income tax returns, if any refund is granted, then which divorcing partner is entitled to receive it?

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