How To Get An Agreed Divorce In Tennessee - Tennessee Supreme Court Page 7

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What is a Divorce Agreement?
The Divorce Agreement (FORM 5) is one of the
Will the Court decide on alimony?
papers you must file to get an agreed divorce. It
Alimony is money that one spouse pays the other
tells the Court what you and your spouse agreed
for spousal support. In an agreed divorce, the
to about alimony. It says how you will divide your
spouses decide whether there should be alimony,
money, personal property and debts. You cannot
how much it should be, and for how long it should
use these forms if you or your spouse own
be paid. This goes in your Divorce Agreement
building or land (real property).
(FORM 5). The Judge will review the proposed
alimony to make sure it is fair and must approve.
Doesn’t the Court divide our property?
For example, some spouses may decide that
No. In an agreed divorce, the spouses decide
alimony will be paid until:
these things together but the Court has to
The supported spouse remarries or lives with
approve. The Court wants to see that you divide
another person; or
all your property and debts fairly. You have to list
The supported spouse finishes school; or
how all the property is divided. Even if you think
One of the spouses dies.
the property belongs to only one of you, it must
still be on this list. The property division does not
Alimony can make a significant difference in your
have to be equal. The Court may change things if
taxes. Talk to a tax expert before you sign the
the Agreement is not fair or if one spouse will not
Divorce Agreement.
have enough to live on.
The Judge will review the proposed alimony to
Do you and your spouse agree how to divide the
make sure it is fair.
property fairly? Then most of the time, the Court
will approve your Agreement.
What if we can’t agree on alimony?
Then you can’t get an agreed divorce. Do not
Important! The Court may not approve your
use this packet. Is alimony important? Is there a
Agreement if it is unfair.
big difference in salaries? Then talk to a lawyer.
You and your spouse may:
Important! If a debt is in both spouses’ names,
Talk to a mediator who may be able to help; or
creditors may try to collect after the divorce from
Talk to a lawyer; or
either spouse – even if the Divorce Agreement
File a regular divorce.
says that one spouse or another will pay for it. If
you or your spouse have a mortgage together,
How do we divide retirement funds?
you cannot use these forms or this packet.
If either spouse has retirement funds, then you
Important! If either spouse is thinking of filing
need to talk to a lawyer. You cannot use these
bankruptcy, talk to a lawyer.
It may cause
forms or this packet!
problems for the other spouse.
Should I talk to a lawyer about the Divorce
What if my spouse will not sign the Divorce
Agreement?
Agreement?
Yes! Talk to a lawyer about your property, debt,
Then you cannot get an agreed divorce. Do not
and alimony. Some lawyers will help with just the
use this packet.
Divorce Agreement and then you handle the rest
of the case on your own.
You can still file a Complaint for Divorce but you
cannot use these forms or this packet!
July, 2017
Agreed Divorce Instructions
Page 7 of 7
Approved by the Tennessee Supreme Court with Modifications Approved by the Davidson County Circuit Courts
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