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What is an uncontested divorce?

Many marriages in Tennessee end when the partners to the unions are unable to work through their differences or when they experience significant hardships. State law recognizes a number of fault-based grounds on which divorces may be started, including but not limited to adultery, cruelty and prior unresolved marriage. However, some couples may be eligible to use the state's no-fault grounds for divorce to achieve a faster resolution to their sought-after marital dissolution.

If the partners to a couple agree that a divorce is what they both want and they are able to meet a list of conditions, they may pursue a no-fault divorced that is uncontested. In Tennessee, uncontested divorces are also called agreed divorces. The remainder of this post will discuss how one may pursue this unique way to end a marriage.

First, any couple what wishes to use the agreed divorce process must not have conceived any minor children together. Couples who have kids together that are under the age of 18, still in high school or with disabilities may not pursue agreed divorces. Agreed divorces are simplified, and therefore child custody and support are not matters addressed in them.

Second, couples that plan to pursue agreed divorces cannot share real estate. They may not own together any businesses or retirement accounts. Complex property holdings of this nature must be addressed in a standard divorce proceeding.

Finally, individuals who choose agreed divorces must be able to come to consensus with their spouses on how to divide their property and how alimony should be awarded. If couples can do this and meet other residency requirements then they may successfully use the agreed, uncontested divorce process in Tennessee.

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Law Office of Sam Byrd
3828 Dayton Blvd
Chattanooga, TN 37415

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