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.
Divorce Procedure
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.
What forms do I need to file for a divorce in Tennessee?
The forms needed to file for a divorce are: Complaint for Divorce; Certificate of Divorce; and Summons.
How long do I have to live in Tennessee to obtain a divorce?
A divorce may be granted in Tennessee if the plaintiff or the defendant has resided in Tennessee for six months preceding the filing of the Complaint for Divorce.
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.
When can I file for divorce in Tennessee?
You can file for divorce at anytime in Tennessee. There is no waiting period in Tennessee.
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.
Can I collect my own evidence to use if my custody case goes to court?
Yes. You should discuss with your attorney any evidence that you plan to collect. You should be aware that there are state and federal wiretapping laws that must be strictly complied with by you and your attorney.