Divorce is a lengthy and hectic process, especially when spouses experience the divorce process for the first time. Understanding the rules, procedures, and various approaches to divorce in Tennessee helps make it faster and less hassle. A divorce may involve separating the spouse’s assets and liabilities and determining child support and visitation rights. Further, it may include the award of alimony. How quickly and easily you can obtain a divorce in Tennessee depends on if your divorce is contested or uncontested.
Every divorce requires that the parties obtain divorce documents to facilitate the divorce process. The divorce records consist of a divorce decree and complementary orders. The details in the documents also detail the divorce date and the respective county authorizing the divorce. Further, they detail how the spouse’s marital property will be equitably divided. Depending on the nature and type of divorce, the records contain further information on alimony orders, child support and visitation rights, parenting plans, custody of the children, and child support orders where children are involved.
Do It Yourself
Tennessee allows a party to represent themself and complete their divorce documents on their own in an uncontested divorce. Uncontested DIY divorces are easy to carry out. Through a DIY divorce, an individual can obtain their documents without involving a lawyer. This option comes in handy when the costs of an attorney may prove too expensive for an individual. The Tennessee Supreme Court approves such divorce forms if they are well filled. One can obtain the instructions on filling the divorce forms from the court website.
The simplest and faster form of divorce in Tennessee is known as an agreed divorce. It entails having no children below 18 years of age, disabled, or children still in their high school education level. Further, the wife should not be pregnant at the time, and the couple should have no ownership of real property, no business ownership, and no retirement benefits. Finally, for an agreed divorce, you and your spouse agree on ending the marriage and are clear about how to share your property and the alimony. Consequently, you both will sign the marital dissolution agreement. When doing a DIY, remember to follow the available instructions.
Spouses that have children and own property jointly can file for an uncontested divorce, but the process differs from the agreed divorce. Spouses must agree on all the terms of divorce from the division of property, children’s support, and custody. Agreed and uncontested divorces are much more simplified. Since spouses have agreed on all terms, there are fewer forms to complete, and the court fees are also lower than other approaches. For an agreed or uncontested divorce, one can source hard copy approved documents from the courthouse. Other individual paperwork forms needed include request/complaint about divorce, personal information on spouses, health insurance notice, the divorce agreement, a restraining order if considered necessary, a final decree of divorce, and a hearing notice.
An individual may choose to use an online service for sourcing their divorce documents. Online divorce platforms like Tennesse Online Divorce offer quick and easy access to obtain divorce documents. The general process for online divorce services involves completing a simple questionnaire, after which divorce forms are custom generated. They are made available to you online to print, or you can request to have them mailed to you. The next step involves filing the document with the local court clerk for presentation during the court process when the judge reviews the divorce agreement for signing judgment. Online divorce services follow a DIY approach where it’s mainly applicable for agreed or uncontested divorces.
When sourcing divorce papers online, there are some key issues to consider to avoid mistakes. The divorce papers must be up-to-date. To ensure they are, use an online service provider with a good reputation. Spend some time researching to choose a credible service provider. Provide only accurate information to the online platform to avoid any mistakes that may hinder the divorce process at a later stage. Finally, it is crucial to establish where and how the divorce documents are filled. Online divorce companies are rapid and reliable when it comes to document preparation. But it is also important to ensure that the rest of the process is carried out correctly.
Legal representation is the next approach if you cannot use the DIY process to source the divorce documents from the courthouse or online services in obtaining the divorce documents.
Use of qualified lawyers
Sometimes an individual may consider it more convenient to use a lawyer. If spouses disagree on the divorce issues and can’t apply for an uncontested or an agreed divorce, they have to use the traditional approach and file for a contested divorce. In this case, individuals usually opt to use lawyers since contested divorce a complicated process. Thus, individuals search for experienced family lawyers who can carry out the entire divorce proceedings on their behalf. Using a lawyer is advised, especially in complicated and contested divorces and where children and significant assets are involved. Where one’s spouse has hired a lawyer, also consider hiring one. There are some main scenarios when hiring a Lawyer in Tennessee is advised.
Instances of unfamiliarity with matrimonial law or the family courts
Judges in courts hold self-represented litigants with the same standard as a lawyer on the other side. While judges may be patient, it is essential to know the needed documents. Therefore, to facilitate the process and avoid not having the court’s required documents, an individual may hire a lawyer. To avoid doing things the wrong way, a family lawyer fills that gap and can easily facilitate the process when individuals are not familiar with matrimonial laws or family courts.
Individual need objective advice during divorce
Individuals may consider it appropriate for a lawyer to handle the sourcing of their divorce documents. Since divorce is an emotional time, an individual may experience confusion, fear, betrayal, depression, etc., and may want to be relieved of the divorce documents’ responsibility. They can hire a lawyer who is more reliable, knowledgeable, and aware of the documents needed, making the document preparation process fast and flawless. Further, the lawyers will offer an objective viewpoint on the divorce documents and the litigation process.
Focus on the big picture
An individual may focus on winning the case and may not necessarily concentrate on such matters as document sourcing. A lawyer is instrumental in ensuring that the must-haves are there for a fair court process and quick facilitation of the divorce. Therefore, a lawyer will help you in obtaining divorce documents quickly and with ease.
Lawyers know the forms that an individual will need to file in court, ensuring that the process is comprehensive and nothing is left out.
Divorce documents are the foundation of a divorce case and are the judges’ source of information to issue a final judgment. Individuals must source accurate documents needed in the process to make it easier. Establishing the method to obtain documents easily and quickly will depend on an individual’s divorce nature. Online platforms are the fastest source—sourcing from the courthouse and using a lawyer to are other alternatives. The use of each approach requires further analysis of the process of filing such documents. The divorce documents are crucial to the case and the state for recording keeping. These documents are accessible to people who may seek records through writing to the office or going physically to the buildings. Spouses and people named in such divorce documents can access the records with a small processing fee.