Form 1 - Request For Divorce (Complaint) Page 5
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33At the hearing:
What if there are mistakes on the divorce
Step forward when your
•
papers? The judge may ask both spouses to
name is called.
make the changes and initial them. If both
•
You will be asked to raise
spouses aren’t there, you will have to
your right hand and take an
come back another day to correct them.
oath to tell the truth.
•
After you swear to tell
the truth, say this:
At the hearing:
"My name is __________________________.
Once approved, the judge will sign the Final
I am the Plaintiff in this case. I am here to get
Divorce Order. Your divorce is not final until the
a Final Divorce Order."
judge signs the Final Divorce Order and it is filed
with the Clerk.
•
Don’t sit down until your case is over.
Helpful Tip! After the court makes the Final
•
When you speak to the judge, say, “Your
Divorce Order, each spouse has 30 days to
Honor.” Be polite.
appeal. During this 30-day period, you shouldn't
•
The judge will look at your court papers and
get married again or buy any property.
may ask questions. Listen carefully. Never
After the hearing, ask the Court Clerk for certified
butt in. Don’t talk until the judge asks you a
copies of the Final Divorce Order and Divorce
question. Answer all questions fully and tell
Agreement. You may need this later.
the truth.
What if you don’t understand a
question? Then ask the judge to explain or
repeat it.
Common Questions About Agreed
Divorce
The judge may ask you:
•
Your
name
and
your
To get an agreed divorce, do I have to prove
spouse’s name.
that my spouse did something wrong?
•
How long you have lived
No.
You just have to say that you and your
in Tennessee.
spouse can no longer get along and that you have
•
If either spouse wants
no hope of working out your marriage problems.
their old name back.
The court calls this “irreconcilable differences”.
•
If a spouse is pregnant.
•
If your Divorce
Do I have to live in Tennessee to file for
Agreement divides the
divorce here?
property fairly.
One or both spouses must have lived in Tennessee
•
If you want the court to grant the divorce.
for at least the last 6 months OR you lived in
•
If you and your spouse have irreconcilable
Tennessee when you decided to divorce.
differences (cannot get along).
Where do I file my divorce papers?
You may answer, like this:
• In the county where your spouse lives now.
• OR in the county where you and your
I have lived in Tennessee for at least 6
spouse lived when you all separated.
months.
We are not expecting a child now.
What if your spouse is in jail or doesn’t live in
My spouse and I have no children together.
Tennessee? Then file in the county where you
My spouse and I have made a Divorce
live.
Agreement that is fair. We have divided all
property and debt.
The court in each county is different. The divorce
court in your county could be a Circuit, Chancery,
I want a divorce.
or General Sessions Court. Ask the Court Clerk if
My spouse and I can’t get along any more.
their court hears divorce cases. DON’T file them
We have no hope of working our marriage out.
in more than one court.
July 2017
Agreed Divorce Instructions
Page 5 of 7
Approved by the Tennessee Supreme Court
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