When you start considering ending your marriage. And, Filing for a divorce. You want to learn as much as possible about the process. You want the best, most affordable option. This video explains the basics of an uncontested, or agreed divorce. And is brought to you by Purple Law Firm, in Chattanooga, Tennessee. https://purplelawfirm.com
Now let’s take a look at the process of an uncontested, or agreed, divorce in Tennessee.
This video will explore the start to finish process of a typical agreed divorce.
Let’s look at the basic steps of an uncontested divorce. First, as with any legal issue, consult with and retain a lawyer.
The lawyer will use the information you provide to prepare the necessary legal documents. If you and your spouse have reached an agreement then that agreement will be reflected in the documents. If no actual agreement exists, the attorney will usually prepare it as a proposal based upon your input.
The specific documents may vary somewhat from case to case. But, Petition for Divorce is required. Also, a Marital Dissolution Agreement and a final decree of divorce are required by the courts. If you have minor children of the marriage, then a Permanent Parenting Plan is also required.
After the necessary documents are prepared and signed by both you and your spouse, they are filed with the court. In Tennessee there is a mandatory waiting period of 60 or 90 days after filing a divorce before the Court can make it final.
After the waiting period, one of you will attend a very short final hearing and the court will sign and enter the final decree of Divorce.
Now, let’s look at some specific terms, you will need to understand.
A Petition For Divorce is a formal legal document which asks the Court to grant you a divorce. In an uncontested divorce, it also asks the court to accept your agreements and make them the order of the court.
A Marital Dissolution Agreement, is a formal contract between you and your spouse, which determines division of assets, and debts. It also contains agreements regarding alimony, and how to handle any future issues that may arise after divorce. For instance, a debt collection that occurs after the divorce.
The Final Decree of Divorce is the official Court Order that grants the divorce and adopts your agreements as the orders of the Court.
In Tennessee, a mandatory waiting period, or “cooling period”, applies to all divorces. It is 60 days when no minor children are involved, and 90 days with minor children. The court can not finalize your divorce until after the waiting period has expired.
When there are minor children born or adopted into the marriage, the parties to an agreed divorce must prepare and Sign a Permanent Parenting Plan to present to the court for approval.
The Permanent Parenting Plan provides for decision making authority, which is usually joint. It also provides the parenting time schedule, and specifics of financial support, including health insurance, and tax exemptions.
Both parents also must attend a seminar for divorcing parents. This seminar focuses on shared parenting and the need for both parents to be involved with the children. There are Several court-approved providers and the cost is minimal.
Sometimes an uncontested divorce involves issues that require additional documents to be prepared. If real estate is owned by both of you, or even just one of the spouses, then a Quit Claim Deed for each property is required.
If retirement accounts are beimg divided then a Qualified Domestic Relations Order must also be prepared for each affected account. This order must be approved by both the court and the retirement account management company.
Typically, when child support is involved, a wage assignment order will also be prepared. This ensures payment of child support directly from wages.