How To Get An Agreed Divorce In Tennessee - Tennessee Supreme Court Page 6
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7Common Questions About An Agreed Divorce
To get an agreed divorce, do I have to prove
Need to pay the fee later? Fill out the Request to
Postpone Filing Fees and Order (FORM 3).
that my spouse did something wrong?
No. You just have to say that you and your spouse
can no longer get along – that you have no hope of
How soon can the divorce be granted?
working out your marital problems. The Court calls
The soonest is
60 days after
you file your Complaint
this “irreconcilable differences”.
for Divorce. It will usually take longer.
IMPORTANT TIP! After the Court signs the Final
Do I have to live in Tennessee to file for
Decree of Divorce, each spouse has 30 days to
divorce here?
appeal.
During this 30-day period, do not get
One or both spouses must have lived in Tennessee
married again or buy any property.
for at least the last 6 months OR lived in Tennessee
Important! Until the divorce is final, you and your
when you decided to divorce .
spouse cannot do these things:
Where do I file my divorce papers?
Disobey the Restraining Order for Divorcing
In the county where your spouse lives now,
Spouses [Statutory Injunction] (FORM 7), OR
OR in the county where you and your spouse
Spend, give away, destroy, waste or use up
property from the marriage, OR
lived when you separated.
Harass each other, OR
What if your spouse is in jail or doesn’t live in
Stop or change insurance policies, OR
Tennessee? Then file in county where you live.
Hide, change, or destroy electronic evidence
The Courts in each county are different.
The
kept on a computer or memory storage device.
divorce Court in your county may be a Circuit,
Chancery, or General Sessions Court.
Ask the
What if I am a victim of domestic violence?
Court Clerk which Court hears divorces cases. DO
Did your spouse hurt or threaten you? To get an
NOT file the papers in more than one Court.
agreed divorce, you must talk to your spouse. What
if it is not safe to contact your spouse? Then an
Will my divorce papers be public?
agreed divorce may not work for you. These free
Yes! The papers you and your spouse file at Court
resources can help you. They can also help if your
are public record. That means anyone can look at
spouse doesn’t want the divorce:
your file and get copies of any papers in your file
Coalition for Domestic and Sexual Violence at 1-
except for the document titled Spouses’ Personal
800-356-6767 or
Information (FORM 2). The information in this form
National
Domestic
Violence
hotline
at
is not made public and will be kept secret. The
1-800-799-7233.
other papers in this packet that you and your spouse
Legal Aid or Legal Services.
file at Court are public record. That means anyone
To find a legal aid program near you, go to
can look at your file. Anyone can get copies of any
papers in your file.
Tennessee Alliance for Legal Services at (615)
627-0956 / 50 Vantage Way, Suite 250,
Do I have to pay a fee to file my divorce
Nashville, TN 37228.
papers?
Yes. Each county has its own fee plus state fees.
Ask the Court Clerk’s office how much you will have
to pay and bring cash with you. You must pay the
Court Clerk when you file your Complaint for
Divorce. Many Court Clerks do not take checks or
credit cards.
What if I can’t pay the Court fee?
The Court may let you pay the fee at the end of your
case. This is when the Judge decides which spouse
has to pay the Court costs.
July, 2017
Agreed Divorce Instructions
Page 6 of 7
Approved by the Tennessee Supreme Court with Modifications Approved by the Davidson County Circuit Courts
To request an ADA accommodation, please contact Dart Gore at 880-3309.
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