No Webpage message can ever substitute for competent legal counsel on a subject as important as divorce. You should seek such counsel if you are contemplating a divorce.

There are numerous specific fault-based grounds for divorce in Tennessee. These grounds range from those which are very specific - adultery, bigamy, drunkenness, and the like - to less specific, such as inappropriate marital conduct.

Tennessee also has a ground for divorce called "irreconcilable differences" which does not require either spouse to give evidence of anything derogatory about the other. However, the parties must be in agreement on all aspects of the divorce, including child custody and support, division of all property and debt, together with any other significant issues arising out of the marriage and this agreement must be filed with and approved by the court. The court is obligated to make sure that the parties' agreement is in compliance with the state's guidelines for child support. In an irreconcilable differences divorce there is a waiting period of sixty days from the date the complaint is filed if there are no children and ninety days if there are children of the marriage. At the final hearing on an irreconcilable differences divorce it is not necessary to bring witnesses to appear on your behalf. This is different from the final hearing in a divorce on fault based grounds where you will need one, and sometimes two witnesses to appear on your behalf even is your spouse does not contest the divorce.

In any event, you must have been a resident of the state of Tennessee for a period of at least six months before filing for either type of divorce, unless the specific grounds for divorce occurred within the state.

If the divorce is contested in any respect, the defendant must file an answer within thirty days after he or she is served with the papers. The court will set a trial date at which time the judge will hear the evidence and decide any disputes, such as alimony, custody, child support, visitation rights, division of property, and the like.

No matter how the divorce is obtained, you are divorced on the date the judge signs the document granting the divorce. However, there is a thirty day period after the judge has signed the final judgment during which either party may appeal the decision to a higher court. Neither party should remarry until after the time for appeal has passed.

Mediation is an option for couples who are seeking a divorce. Mediation is a voluntary process where an impartial third party facilitates discussion between the couple. Mediation helps the couple arrive at their own mutually acceptable agreement on issues, parenting plans, property and economic issues. For more information on Mediation, please request message number 2200.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.