When you make the difficult decision to file for divorce, there are a million things to consider and worry about including your spouse’s reaction to the news. Know that you can get divorced with or without your spouse’s consent under Tennessee state law. Although you are able to terminate your marriage without approval from your spouse, it is important to be aware of all of your rights and legal responsibilities during your case. Schedule a consultation with a knowledgeable Shelby County, Tennessee divorce lawyer to discuss your situation and obtain skilled representation today.
How Can I Get Divorced Without My Spouse’s Consent in TN?
If you are filing for divorce it is crucial that you understand how you can do so without consent from your spouse. The simple answer is through a default divorce. A default divorce is one where the court processes the termination of the marriage as uncontested and based on the wishes of the filing spouse, usually as a result of one party’s absence or failure to respond. A court may grant a default divorce under certain circumstances.
When Can I Obtain a Default Divorce?
You can obtain a default divorce in several ways, mainly due to your spouse’s lack of response or your inability to locate them.
In Tennessee, you are legally required to notify your spouse that you are filing for divorce. After filing the official petition with the County Clerk’s office, you must serve your spouse with divorce papers outlining the grounds and conditions that you are hoping to secure in terms of asset division, child custody, and financial obligations like alimony and child support. After being served, your spouse has 30 days to file an “answer” with the court, either accepting all of the terms or contesting one or more.
If your spouse fails or refuses to issue a response within the allotted time frame, you can request a default judgment. If accepted, the judge will make a decision based on the evidence you have provided.
You can also be issued a default divorce if you cannot find your spouse. You can only serve them with divorce papers if you know where to locate them. If you cannot find your spouse the court will likely require you to take several steps like searching public records and newspapers or contacting friends and family in an effort to make contact. If these efforts are unsuccessful, the court can require you to publish a statement in the newspaper regarding your intent to terminate the marriage. If your spouse does not see the publication or respond within 30 days the court can grant you an uncontested default divorce without consent from your spouse.
There are several ways to get divorced without approval from your spouse. It is important to note that even if your spouse does file a response after being served, they cannot stop a no-fault divorce from being processed. They can only delay the proceedings or challenge the terms. For more information work with a skilled attorney at Rice Law.
