Is There a Waiting Period for Divorce in Tennessee?

Some states require a waiting period between the date that divorce papers are filed and the date that the judge can issue the decree. These waiting periods, while inconvenient for many couples, serve a variety of purposes. To learn more and secure legal representation during your case, contact an experienced Shelby County, Tennessee divorce lawyer today.

Is There a Waiting Period for Divorce in TN?

Yes, Tennessee state law does mandate a waiting period before a divorce can be finalized. The point of the required waiting period is to provide couples with a “cool down” time where they can reflect on the decision they are making and consider all options. Terminating a marriage is a significant decision, especially when the couple shares children, significant assets, and other important ties. The state imposes a waiting period to encourage the couple to reconcile and work through their differences.

How Long is the Waiting Period?

According to the Tennessee Code § 36-4-101(b), “A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.”

Essentially, the standard waiting period for a divorce is 60 days if the couple does not have any unmarried children under the age of 18. However, if the couple does have dependent children under the age of 18, the waiting period is extended to 90 days. Both of these waiting periods begin from the date that the official divorce complaint is filed.

In some extreme cases, like those involving abuse or domestic violence, the court may order an expedited hearing and waive the waiting period. Otherwise, every couple must abide by this law.

How Long Will My Divorce Last?

You probably want to get the divorce process over with as soon as possible and avoid drawn-out legal battles. However, the amount of time it takes to settle your divorce depends on various factors unique to your case. Some factors that can influence the duration of your case include the following.

• Whether the divorce terms are contested or uncontested by your spouse
• Whether you filed under fault-based or no-fault grounds
• Whether you share minor children
• Whether you or your spouse has significant assets and net worth
• The availability of the court

It is important to fully understand your rights and responsibilities during your divorce case to ensure a smooth process. For more information, contact an experienced divorce lawyer at Rice Law today.