What Do I Need to Know About Filing Divorce in Tennessee with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Tennessee Grounds for Divorce.
Help Yourself Divorce is a no-fault divorce service, so we will prepare your divorce papers based on the ground of “irreconcilable differences.” This means you and your spouse agree to file a “no-fault” divorce.
Tennessee Residency Requirements.
If you use our services to file in Tennessee, you must meet one of the following residency requirements:
- The grounds for divorce (“irreconcilable differences”) occurred while the plaintiff was a resident of the state of Tennessee; or
- The grounds for divorce (“irreconcilable differences”) occurred outside Tennessee and the plaintiff resided out of the state at the time, but at least one spouse has resided in Tennessee for at least 6 months before filing for divorce; or
- You are in the military and have been stationed at a military base in the state of Tennessee for at least one year.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Tennessee for at least six months and currently live in Tennessee, or have lived in Tennessee within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing Divorce in Tennessee.
The petition for divorce may be filed in the county where the parties resided at the time of their separation; in the county where the defendant resides, if the defendant resides in Tennesee; or in the county where the petitioner resides if the defendant is a nonresident of Tennessee or a convict.
Tennessee Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After filing the divorce papers with the court, you must “serve” your spouse with a copy of the divorce papers. However, in an agreed case, you do not have to use formal service like a Sheriff or process server. All you have to do is hand-deliver, or mail by regular mail, a copy of the divorce papers to your spouse. Your spouse will then sign a form stating he or she has received the papers, and that form can be filed with the court by either spouse.
Waiting Period Before Divorce is Finalized in Tennessee.
If you and your spouse do not have any minor children, there is a 60 day waiting period before your divorce can be finalized. If you and your spouse do have minor children, there is a 90 day waiting period before your divorce can be finalized.
Tennessee Final Divorce Hearing.
An uncontested divorce is finalized during a hearing. The court regularly holds uncontested dockets, where many uncontested divorces are granted during the same hearing. You will either schedule a specific time and date to come for the hearing, or you can show up during any of the times when the court regularly holds the uncontested docket. The specific procedure will depend on the scheduling procedure in the county where you file.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.