Sometimes, divorce is a mutual process. Spouses going through counseling together may eventually agree to divorce. Most of the time, however, one spouse takes the initiative. They file the petition with the courts requesting a divorce.
The other spouse then responds. They may settle and pursue an uncontested divorce. Other times, the spouses may require litigation to resolve their disagreement. Those considering divorce are often anxious about the process ahead and unsure of what they must do to legally end marriage.
What does the filing spouse require to legally divorce in Tennessee?
Qualifying grounds
Spouses sometimes worry that they do not have evidence compelling enough to warrant a divorce. Thankfully, Tennessee offers no-fault divorces for those dealing with irreconcilable differences. People only need proof of misconduct if they intend to file a fault-based divorce because of adultery or other egregious marital misconduct. An assertion of irreconcilable differences, rather than verifiable proof, is typically all that is necessary for a no-fault divorce.
Proof of service
The non-filing spouse must be aware of the situation and has the right to respond in court. The spouse who files must provide legal service to the other where they receive copies of the documents. After that, the responding spouse has 30 days to accept or contest the proposed terms included in the initial divorce petition.
Appropriate legal support
Many people struggle to execute legal paperwork on their own. It can also be very challenging to remain calm during divorce negotiations or litigation.
Professional advocacy from a licensed attorney can prove invaluable for those preparing for the end of a marriage, even if they hope to pursue an uncontested divorce. Preparing appropriately prior to initiating the divorce process can help spouses navigate divorce effectively.