Uncontested Divorce in Tennessee

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Divorce is a very clumsy and stress-raising issue. Even in an undisputed dissolution, which is less complicated as compared to a contested case, spouses have to file in a number of forms. The only soothing point about this sort of dissolution is that the divorcing partners agree with each other about the major issues like visitation, child support, child custody, spousal support, property distribution etc. This is very beneficial from the point of view of the future of the divorcing partners as well as their children. The undisputed procedures are different in different states of the US. For example, the uncontested divorce in Tennessee is quite different from the process that is followed in Alabama or Minnesota. So you have to be aware of the details of court process of the state where you have filed for the case.

Some key points regarding Uncontested Divorce

  • In Tennessee the partner who files for the case is known as the Petitioner while the other partner is known as the Respondent.
  • The Petitioner needs to be a resident of the state when the grounds for the divorce occurred. If the Petitioner lives outsides the state and the grounds also happened outside the state, anyone of the partners need to be a resident of the state for a period of six months prior to the date of filing.
  • The Petitioner may file for the case in any of the following counties:
    • The county in which the Petitioner resides, if the other partner is not a resident of the state.
    • The county where both the partners resided at the time of their separation.
    • The county where the Respondent resides when he/ she is a resident of the state.
  • The venue for filing the complaint is the Circuit or Chancery Court of the county

Grounds for Uncontested Divorce in Tennessee

Fault grounds

  • Abandonment, neglect and banning the spouse from the house
  • Indignities due to which the life of the spouse has been made intolerable
  • Improper marital conduct and inhuman and cruel behavior
  • Denial to relocate to a state with the partner and intentionally remaining absent from a new residence for 2 years
  • Convicted for a notorious crime
  • Endangering the life of the other partner
  • Bigamy
  • Willful desertion for a year
  • Wife becoming pregnant because of a person other than the husband during the marriage and the husband knowing nothing about this fact
  • Drug addiction and / or alcohol addiction
  • Felony conviction and imprisonment
  • Adultery
  • Impotence

No-fault grounds

  • If the partners live apart and separate from each other without any cohabitation for a period of 2 years in the absence of minor children from the marriage
  • Irreconcilable differences that has the following aspects:
    • Thle responding party should not deny this.
    • The divorcing partners should submit a Marital Dissolution Agreement that is properly signed.
    • Irreconcilable differences must be mixed with a general fault ground.

Forms related to Uncontested Divorce in Tennessee

If Form 400, a Marital Dissolution Agreement, is signed by the Respondent, then it is expected that the Petitioner must file some or all of the below mentioned forms:

  • Form 100, A Complaint for Divorce: This form is used for identification of the parties, the nature of the action and the relief sought.
  • Form 115, An Amendment: This form is filed in order to amend the Complaint.
  • Form 10, A Case Cover Sheet: This document furnishes whatever information is demanded by the Tennessee Court.
  • Parenting Class Certificate: This is evidence that both the divorcing parents have remained present at the compulsory parenting class.
  • Form 145, A Permanent Parenting Plan: If the marriage of the divorcing partners has resulted in dependent children, this form is used.
  • Form 30, An Affidavit of Failure for Payment of Fees: If the Petitioner fails to afford the filing fees, then this document can be used.
  • Form PH1682, Divorce Certificate: The intention of this document is record keeping. It can be procured from the court clerk's office or the Department of Health.
  • Form 415, Title IV-D: In case, the state of Tennessee is forwarding some assistance to the divorcing parent, this form is used.
  • Form 411, Final Decree: After the Judge signs this document, the marriage is terminated.
  • Form 340, Wage Assignment Order: Whenever the Parenting Plan arranges for the distribution of child support payments or for third-party collection, this document is completed.

The conditions of a dissolution differ from one another. Depending on the nature of the uncontested divorce case in Tennessee, the legal proceedings also vary. So you have to realize your long-term goals, your children's future, the present requirements of your case, and then proceed with confidence and patience.

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