Divorce Procedure

How is a divorce granted? Will I have to go to court?

The divorce is granted at a Final Hearing. One party will appear and testify. At a final hearing, the divorce documents will be approved by a judge. The judge will sign the final divorce decree.

How and where is a divorce complaint filed?

You divorce will be filed in your county’s courthouse. In some counties, the Chancery Court handles all divorce. In other counties, like Shelby County, a divorce may be filed in Chancery or Circuit Court.

Do I have to go to court?

Not always. If the parties can reach an agreement on all issues, they will “settle.” A settlement can be reached between the parties by exchanging settlement agreements or at mediation. If a settlement is reached, only one spouse will go to court for the final hearing. If an agreement cannot be reached, the parties must go to court.

Will my child need to appear in court?

Probably not. Most of the time the judges, lawyers, and parties prefer to keep children, especially young children, out of court.