While most marriages start with the best of intentions from both spouses sometimes relationships simply don’t work out. If you have decided to divorce from your spouse you probably have several questions and concerns regarding the process. A common question is how long will it take? The time it takes for your divorce to be finalized depends on various factors and the relationship that you have with your partner. A Shelby County, Tennessee divorce lawyer can offer insight and skilled legal representation during this difficult time.
How Long Does it Take to Get a Divorce Finalized in TN?
In general, divorces in Tennessee can take 2 to 6 months to be finalized. In an uncontested divorce where both spouses are in agreement, the divorce can take effect after a 60-day waiting period. Uncontested divorces that involve shared children will be finalized after 90 days.
The process for divorce in Tennessee will typically include the following steps.
- One spouse files for divorce using a Complaint for Divorce document.
- The other spouse files an Answer and Counter-Complaint where they can agree with or deny the information that the other spouse included in their original Complaint
- The couple will go through negotiations to create a mutually satisfactory divorce agreement.
- The divorce will go to trial if the negotiations do not yield a successful outcome.
Although it may not seem like many steps, the divorce process can be extensive depending on the couple’s unique circumstances.
What Factors Can Affect How Long a Divorce Takes?
Besides the mandatory waiting periods before any type of divorce, the following factors can impact how long it takes for the divorce to be finalized.
- If there are children involved. Determining custody and child support can lengthen the time between filing for divorce and finalizing the process. Negotiations can be more complex and there are certain residency requirements that must be met.
- Settlement agreements. If you cannot come to an agreement on property division and other issues like alimony, you will have to go to court. Additionally, the court could reject your settlement agreement depending on how the terms impact each spouse.
- Waiting periods. Each step has some sort of waiting period that, when added up, creates a lengthy divorce process. It could take time for you to get a court date and the judge may take a week or longer to enter the divorce decree. One person may appeal the decree if they do not agree with the terms. In this case, the Tennessee Court of Appeals will have to review your case and that could take months or even over a year.
The divorce process can be a quick 2-month endeavor or end up lasting years. Obtain representation from a skilled divorce attorney who can help you resolve your issues and ensure your rights are protected.
