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Weighing the pros and cons of an uncontested divorce

On Behalf of | Aug 28, 2024 | Divorce

Going through a divorce can be a complicated and overwhelming experience. One option that spouses may consider is an uncontested divorce, which is possible when the couple agrees on all divorce-related issues. If you are considering an uncontested divorce, how can knowing its advantages and disadvantages help you handle your divorce journey?

The benefits of uncontested divorce

An uncontested divorce, also known in Tennessee as an agreed divorce, can be an efficient way to end a marriage. This type of divorce can save a couple time and money by avoiding lengthy court battles. According to Tennessee Courts, an uncontested divorce can be granted in 60 days the soonest, but it can usually take longer.

The drawbacks of uncontested divorce

While an uncontested divorce can be beneficial, it may not be suitable for all couples. If there are disagreements over alimony or property division, an uncontested divorce may not be a viable option. In addition, an uncontested divorce may not provide the necessary protections if a spouse is a victim of domestic violence or abuse.

Eligibility requirements

A couple must meet certain requirements to be eligible for an uncontested divorce. First, they should both want to end their marriage. Other requirements are:

  • Having no children under 18, disabled or in high school
  • Neither spouse is pregnant
  • Not owning buildings, land or a business together or not having retirement benefits
  • Being able to agree on alimony, property division and signing a divorce agreement

Additionally, the state has a residency requirement. One or both spouses must have lived in Tennessee for at least the past six months, or both have lived in Tennessee when they decided to divorce.

Moving forward with clarity and confidence

Managing the complexities of divorce requires careful consideration. As you weigh your options, it is vital to remember that your divorce is not just a legal process but also a life-altering event. By seeking legal counsel, you may better navigate the divorce process and move forward with clarity and confidence.

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