Every state has its own laws surrounding how a spouse can start the process of divorce. It can be confusing and daunting to initiate the proceedings but having an understanding of the requirements will help ease your worries. Contact a Shelby County, Tennessee divorce lawyer to discuss your options and learn more about the process.
Can I File for Divorce in TN?
Before you can take the first step to initiate the divorce process you must determine whether or not you are eligible to end your marriage. Before beginning the legal process you have to determine if you meet the residency requirements and figure out the grounds for your split.
To file for divorce in Tennessee you must meet one of the following residency requirements.
- You or your spouse must have resided in Tennessee for at least six months before filing
- You, as the filing spouse, must have lived in Tennessee when the events occurred that constitute the grounds for your divorce
If either of the above circumstances apply to your situation you can begin determining the grounds under which you plan to file. Grounds are simply the reason for the separation. If you choose to file for a no-fault divorce you do not have to prove your spouse’s liability. The grounds for a no-fault divorce can include irreconcilable differences or separation of at least 2 consecutive years.
However, if your spouse’s actions or behavior are the catalyst you can file for a fault-based divorce. This type requires proof that your spouse caused the marriage to fail and grounds can include the following.
- Adultery
- Cruel and inhuman treatment
- Abandonment
- Substance abuse
- Bigamy
- Impotence, if it existed at the time of the marriage and was kept hidden
- Incarceration
The above and more can be considered fault-based grounds if proof is presented. After establishing that you meet the residency requirements and have grounds the legal process can begin.
First Step to Start the Divorce Process
In Tennessee the first official step that must be taken is filing a Complaint, sometimes called a Petition for Divorce. This can be submitted to the clerk of the court in the county where you live, your spouse lives, or you and your spouse last lived together.
You will also be required to pay a court filing fee which can vary depending on the county. There will be additional fees if you and your spouse share minor children.
Do I Need a Divorce Lawyer?
It is possible to get divorced without hiring a lawyer, but it is not recommended. The divorce process can be complex and it is easy to become overwhelmed by the required steps, documents, and information. Legal representation allows you to move through the process with confidence and ease. Your attorney will help you understand your rights and responsibilities as well as ensure you are given a fair outcome. Contact a skilled divorce lawyer today for more information.
