Uncontested Divorce and Filing Due to Irreconcilable Differences

In Tennessee there are seemingly two options when it comes to divorce. A couple can opt for a contested divorce, when one of the spouses has grounds for wanting to end the marriage but the other spouse objects and disputes the divorce or proposed division of the assets, debts and/or children co-parenting time. An uncontested divorce can occur if the spouse does not file an objection to contest the divorce, allowing the filing partner to obtain whatever she or he asked for in the pleadings (a default judgment). An uncontested divorce can also occur when both partners agree that it is time to call it quits due to irreconcilable differences.

An uncontested divorce due to irreconcilable differences sounds pretty simple: the couple must both agree on every single one of the terms of the divorce. You might be thinking that your spouse is pretty reasonable and there should not be a problem agreeing on terms; however, there are a few issues that require careful consideration when you are planning on filing an uncontested divorce due to irreconcilable differences.

Criteria for filing

Before you can file as uncontested or due to irreconcilable differences, there are a few criteria which you must meet first:

• You must meet the residency requirements for a Tennessee divorce, which is either you or your spouse must have lived in Tennessee for at least the past six months.
• Both parties are in agreement about the dissolution of the marriage.
• Both parties must agree on all aspects of the division of property, businesses and retirement benefits and agree on how the debts will be divided.
• If you have children with your soon to be ex-spouse, you must completely agree on a detailed parenting plan which will allocate co-parenting time between the two of you.
• If you have children involved in the divorce, both parents must attend a parent education class.
• Also if you have children, you will have to agree to the amount of child support to be paid and who will pay that support. On top of that, the amount of child support that you agree to among yourselves has to comply with the Tennessee Child Support Guidelines as well.

If any of the above criteria does not apply to your situation, you will not qualify for an uncontested divorce on the grounds of irreconcilable differences.

Do I need to hire an attorney for my divorce?

There is no requirement to hire an attorney in order to get a divorce. However, if you are considering going it alone without an attorney, here are a few things to keep in mind:

• You will be expected to know all of the laws and court rules that apply to your case.
• You will be expected to know what documents to file; where to file them; and when to file them.
• You will need to understand how to fill out the complicated paperwork and answer the questions accurately and correctly.

If your spouse has hired a lawyer, then you will already be at a distinct disadvantage—especially when it comes to more challenging financial matters. For example, you need a qualified domestic relations order (QDRO) to distribute retirement benefits, you want a family lawyer to handle the drafting of that document. The same goes for the division of real property and businesses. No matter how much you and your soon-to-be-former spouse might agree at first, few things cause more problems than monetary disputes, and having an experienced Knoxville divorce attorney on your side will only help you.

An uncontested divorce – whether from lack of objection or because you both decided it is time for the marriage to end – where no children are involved takes at least 60 days after you have filed the complaint. If you do have children with your spouse, the waiting period is 90 days. There will be a final divorce hearing where the judge reviews your paperwork, asks any questions they might have and then makes a ruling. Only one party needs to attend the hearing but both may choose to appear. Your divorce will be finalized when the judge signs your divorce decree.

Many couples intend to divorce with the least amount of disagreement or confrontation possible, but somewhere along the way things break down and one party or the other finds something that they do not agree to. That is the time when you must find an experienced divorce attorney who will represent your interests and help you get the best settlement possible.

If you are considering divorce, you can schedule a consultation with a Knoxville divorce attorney at LaFevor & Slaughter to discuss your case.