Form 1 - Request For Divorce (Complaint) Page 6
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Coalition for Domestic and Sexual Violence
Will my divorce papers be public?
1-800-356-6767 –
Yes, except for the paper called Spouses'
•
National
Domestic
Violence
hotline
Personal Information, Form 2. The information in
1-800-799-7233
that form will be kept secret. The other papers you
•
Legal Aid or Legal Services
and your spouse file at court are public record.
To find a legal aid program near you go to
That means anyone can look at your file. Anyone
can get copies of any papers in your file.
•
Tennessee Alliance for Legal Services
Is there a fee to file my divorce
(615) 627-0956 / 50 Vantage Way, Suite 250,
Nashville, TN 37228
papers?
Yes. Each county has its own fee plus state fees.
What is a Divorce Agreement?
Ask the Court Clerk’s office how much you will
have to pay. Bring cash with you. You must pay
The Divorce Agreement is one of the papers you
the Court Clerk when you file your Request for
must file to get an agreed divorce. It tells the court
Divorce. Many Court Clerks don’t take checks or
what you and your spouse agreed about alimony.
credit cards.
It says how you will divide your money, personal
property and debts. You can't use these forms if
What if I can’t pay the filing fee up front?
you or your spouse own buildings or land (real
If you can't afford the fee now, you can ask if you
property).
can pay it later. Fill out a Request to Postpone
Doesn’t the court divide our property?
Filing Fees and Order, Form 3. Take it to the
Court Clerk's office.
In an agreed divorce, the spouses decide these
things together but the court has to approve. The
How soon can the divorce be granted?
court wants to see that you divide your property
The soonest is 60 days after you file your Request
and debts fairly. You have to list how all the
for Divorce. It usually will take longer.
property is divided, even if you think the property
belongs only to one of you. The property division
Helpful Tip!
After the court makes the
does not have to be equal. The court may
Final Divorce Order, each spouse has 30
change things if the agreement is not fair. The
days to appeal. During this 30-day period, you
court may change things if one spouse will not
shouldn't get married again or buy any property.
have enough to live on.
Important! Until the divorce is final, you and your
Do you and your spouse agree about how to
spouse can’t do some things. You and your
divide the property fairly? Then most of the time
spouse can’t:
the court will OK your agreement.
Disobey the Court Order for Divorcing
•
Important!
The court will not OK your
Spouses (Form 7) OR
agreement if it is unfair.
Spend, give away, destroy, waste or use up
•
property from the marriage OR
Important! If a debt is in both spouses' names,
creditors may try to collect after the divorce from
Harass each other OR
•
either spouse even if the Divorce Agreement says
that one spouse or another will pay for it. If you or
•
Stop or change insurance policies OR
your spouse have a mortgage together, you
• Hide, change, or destroy electronic evidence
cannot use these forms.
kept on a computer or memory storage device.
Important! If either spouse is thinking of filing
What if I am a victim of domestic violence?
bankruptcy, talk to a lawyer. It may cause problems
for the other spouse.
Did your spouse hurt or threaten you? To get an
agreed divorce you must talk to your spouse.
What if it is not safe to contact your spouse? Then
an agreed divorce may not work for you. These
free resources can help you. They can also help
if your spouse doesn’t want the divorce.
July 2017
Agreed Divorce Instructions
Page 6 of 7
Approved by the Tennessee Supreme Court
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