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What to know about an agreed divorce

Could you file for an agreed divorce in Tennessee? Learn about this option and what you must know before you head to court.

The state offers different options when a couple files for divorce. Which option a person can use depends on his or her situation. Not everyone will qualify for each type of divorce. An agreed divorce is open only in specific situations, but it can be a good option if a couple qualifies.

What is an agreed divorce?

The Tennessee Courts explain an agreed divorce is one in which both spouses can reach an agreement on all relevant points. This option for ending a marriage also requires meeting specific requirements.

It is a nice choice for many couples because it requires less paperwork and usually costs less than other options. The documents needed are less complex than for other types of divorces because of the requirement to agree upon all points. The couple also will work together, which helps make the process easier. Costs are usually less because there is not a lot of time spent in court due to creating an agreement that only requires the judge to sign off on it and finalize the ending of the marriage.

What are the requirements?

There are two sets of requirements, depending on whether a couple has minor children. For a couple without children under the age of 18, the Nashville Circuit Court states at least one of the people must have lived in the state for the past six months or both had to live in the state when filing. There can be no pregnancy and no co-owned real estate or business. Both spouses must agree to all conditions of the divorce, including property division.

If a couple has children, they must meet all the same requirements as a couple without children, but for residency, the requirement is that the children also must have lived in the state for the past six months. In addition, they must agree to all points about child support and create a parenting plan together.

Do I need an attorney?

While an agreed divorce is highly simplified, it is still a good idea to consult with an attorney for any divorce situation. An attorney can assist with the paperwork and with negotiations to reach the final agreement on all points. Legal representation can also ensure each person understands the legal aspects of the situation.

For couples who think they may qualify for an agreed divorce, it is important to seek legal advisement from a knowledgeable family law attorney, such as the Law Office of Jeffrey Jones.

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