If you are considering filing for divorce in Tennessee, understanding all of your responsibilities and obligations is crucial in ensuring an easy process. The divorce complaint is one of the most important aspects of a divorce case. To learn more, reach out to a Shelby County, Tennessee divorce lawyer today for skilled legal representation.
What is a Divorce Complaint in TN?
A divorce complaint, formally referred to as the Request for Divorce, is a document that initiates a divorce proceeding. When one spouse wants to terminate their marriage, they must fill out and file the Request for Divorce with the court to start the process. The document must also be served to the other spouse along with a summons.
What is in the Divorce Complaint?
The point of the divorce complaint is to provide the court with context for the marriage and the information necessary to begin the process of ending the relationship. It also acts as a way to inform the other spouse about the Plaintiff’s intent to terminate the marriage.
The Request for Divorce contains various information relevant to the situation, including the following.
- The Plaintiff’s and Defendant’s full names, addresses, and contact information
- Information regarding any shared minor children
- Residency in the state
- The reason for divorce
- Financial and asset information
- The Plaintiff’s requests regarding the division of property and debts, alimony, child custody, child support, etc.
- Any other relevant information
The information provided on the divorce complaint is crucial, and the process cannot be started without it.
What Happens After the Request is Filed?
When you file the Request for Divorce with the court, you also have to serve your spouse with the divorce papers and a summons. After being served, your spouse has 30 days to file an answer with the court. This 30-day time frame allows them the opportunity to seek legal counsel, fully review the document, and make an informed decision regarding how to respond.
Your spouse can either accept or contest the terms, also known as admitting or denying the claims you made in the complaint. They can also file a counterclaim against you. However, if they fail to respond at all within the 30 days, the court has the authority to issue a default judgment, meaning the judge will grant the divorce according to your request, given that it seems reasonable.
After filing the paperwork, there is a 60-day waiting period before the hearing can commence. This timeframe is extended to 90 days when the couple shares minor children. Work with your attorney to use this time to negotiate the details of the divorce if your spouse contested any part of the papers. If you and your spouse cannot come to an agreement, the judge will step in to make the final decision regarding unresolved issues.