You’ve dedicated your life to another person, shared your hopes and dreams with them, and imagined a life where you would grow old together. Sometimes our picture-perfect aspirations don’t always work out as we anticipated. We understand that you are going through a difficult time in your life as you try to work through what went wrong in the relationship. You may feel guilt or grief at the loss of your relationship, or even relief because you can move past it and start fresh. There is no shame in how you feel, and no shame in admitting that you are your spouse would be best served by going your separate ways.
Although the process of ending a marriage may feel overwhelming at first, Tennessee law allows for what is known as an uncontested divorce. The process of an uncontested divorce tends to be far less emotionally devastating for both parties.
How do you know if an uncontested divorce is the right option for you and your spouse? Shannon A. Jones, Attorney at Law, offers Memphis-area clients a free consultation to review the circumstances of your marriage breakup and guide you through your divorce options. Call us at (901) 390-9041 to schedule a consultation in our Memphis office. We understand that this is an emotional time for you, and we offer compassionate and knowledgeable advice.
Tennessee offers separating couples an option known as an uncontested divorce. This divorce option is often less stressful and emotionally draining than a contested divorce. In an uncontested divorce, the spouses agree in advance on how to divide up marital property and who will get custody of the kids, and so on. Typically, irreconcilable differences is the reason stated for the divorce in the legal papers.
An uncontested divorce can also be concluded in a relatively quick time frame. Even though an uncontested divorce is a more amicable and easier process for parties to go through, a family law attorney is a valuable asset that can help negotiate fair terms and guide you through the paperwork and filing process.
Your legal counsel can particularly spot and avoid errors or unfair details in a potential Marital Dissolution Agreement or divorce decree that can come back to haunt you later.
This is a question an experienced divorce attorney can best help you answer after reviewing the facts of your situation. Each case has individual circumstances that should be taken into consideration. There are a few factors, however, that you should understand if you are considering an uncontested divorce as an option. For example, certain general criteria must be met to be eligible to file for an uncontested divorce in Tennessee, including:
You or your spouse must have been a resident of Tennessee for at least the past six months
Both parties agree to dissolve the marriage
Both parties agree to all terms of the divorce including debts and assets, division of property, personal items, and alimony payments, if any
If there are children, particularly minor children, in the picture, the situation can be a little more complicated. If an uncontested divorce is an option, the spouses must agree on the terms of childcare, custody and visitation, and financial support.
If both parents agree on the important decisions regarding their children’s future, an uncontested divorce may be emotionally less taxing on the children as well as the parents. Since uncontested divorce is usually less expensive than a contested divorce, it may also help a family’s financial situation.
In addition to being a less expensive process upfront when legal fees are factored in, it also means less time and money are spent on going to and from contentious court hearings which a contested divorce requires.
Once you and your partner have decided that an uncontested divorce is the best course, and have agreed on the essential parameters, you will need to fill out the court-mandated paperwork and gather all necessary documentation that will need to accompany that paperwork. Among other documents, you’ll typically need to file an official request for divorce, known as a Marital Dissolution Agreement. There are also other forms, such as a parental plan, plus personal information that may be needed.
A divorce lawyer can make the process go easier and faster by properly completing all necessary paperwork and filing the case in the appropriate courthouse. Mistakes in filing or procedure can delay the entire process.
Here are some frequently asked questions about uncontested divorces in Tennessee. To discuss the specifics of your situation, call us today at (901) 633-1313 or reach out to us online.
How Long Does It Take To Get An Uncontested Divorce?
After completing all the necessary paperwork and filing it in court, an uncontested divorce will take a minimum of 60 days. There may be circumstances that can extend that time frame, for example, if a couple has children.
How Much Does An Uncontested Divorce Cost?
Uncontested divorces are typically much more inexpensive than when the spouses disagree on anything or everything. Shannon A. Jones can advise you on court fees, as well as other related costs, associated with your circumstances.
Do I Need a Lawyer To File For An Uncontested Divorce?
You don’t need to hire a lawyer to file for divorce. Even in cases of uncontested divorce, it is a good idea to have legal help filing the correct paperwork and guiding you through the process. This helps eliminate mistakes that could delay your divorce or complicate matters afterward.
Many people who may be in a rush to complete an amicable divorce overlook some essential considerations that prove to have enormous consequences later on.
Do We Have To Agree On Everything?
Yes. An uncontested divorce means that you must agree with your marital partner on everything from financial arrangements, splitting up the property of all kinds, and anything childcare related. It requires no unresolved disputes with your spouse.
While an uncontested divorce is an amicable solution to dissolving a marriage, that doesn’t mean that it can’t get complicated or that you should go it alone. If you are contemplating going through a divorce, reach out to Shannon A. Jones in Memphis for a free consultation. We can guide you through the process of divorce while offering you the personal attention that you deserve.
Not every divorce is the same. That’s why we take the time to listen to your situation and offer you the options that best suit your personal needs. We care about our clients and helping you overcome the challenges that are before you so you can forge ahead with your life. Call us at 901-390-9041 or contact us online to schedule a confidential consultation today.