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In Tennessee, uncontested divorce (known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. You and your spouse must agree on all aspects of the divorce and not require the assistance of a judge in a court of law.
In Tennessee there is a mandatory waiting period after before your divorce can be finalized after the filing of your Complaint for Divorce. The mandatory waiting period is 60 days if you and your spouse do not have minor children in common, and 90 days if you and your spouse have minor children in common.
In a divorce action in Tennessee, marital property is divided; separate property is not. Property division is the term used by courts and lawyers for describing this process. Property division requires that all property be identified, classified, and valued. Tennessee is an ?equitable distribution? state.
In most cases, the marital home is considered marital property. This means that courts will have to decide who will get to keep the house if both parties cannot agree on what to do with the house (sell it and split the profits, give the house to one party in exchange for something else, etc.).
Tennessee divorce law is very clear ? equitable distribution of marital property does not mean equal distribution. Equal division describes awarding 50% to each spouse, also described as a 50/50 split. But it is not unusual for divisions (settlements and trial results) to be close to a 50/50 split.
Yes. If divorcing spouses do not agree to get divorced, the spouse seeking the divorce must prove grounds.
When it comes to property division during divorce, Tennessee is considered an equitable distribution state. Essentially, this means that marital property is divided fairly and reasonably, not necessarily 50-50.
In an agreed divorce, the spouses decide these things together but the Court has to approve. The Court wants to see that you divide all your property and debts fairly. You have to list how all the property is divided. Even if you think the property belongs to only one of you, it must still be on this list.