Understanding the Divorce Process

At a time when your life can feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, increasing your fear and anxiety. But there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it won't go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "depositions" or "going to trial," and you feel your heart start pounding in fear. It can reduce your frustration about the length of the process because you understand why each step is needed. It will support you to begin preparing for what comes next.

Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn't prefer that?

1.1 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation. Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should take to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.2 Must I have an attorney to get a divorce in Tennessee?

You are not required to have an attorney to obtain a divorce in Tennessee. However, if your case involves children, alimony, significant property, or debts, you should avoid proceeding on your own.

A person who proceeds in a legal matter without a lawyer is referred to as pro se, on one's own. If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

The Divorce Process

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather needed documents for the initial consultation.

• Meet for the initial consultation with attorney.

• Pay retainer to attorney and sign retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by attorney, such as opening or closing financial accounts.

• Attorney prepares complaint for divorce and affidavits for temporary matters for your review and signature.

• Attorney files complaint with clerk of the court. Attorney obtains ex parte orders if appropriate. Attorney obtains hearing date for temporary matters.

• Mandatory sixty-day or ninety-day waiting period begins when complaint is filed.

OR

• Spouse is served papers by sheriff or process server.

• Negotiations begin regarding terms of temporary order on matters such as custody, support, and temporary possession of the family home. Attorneys prepare financial affidavits and child-support guidelines for temporary hearing.

• Temporary hearing is held.

OR

• Parties reach agreement on temporary order.

• Temporary order is prepared by one attorney, approved as to form by other attorney, and submitted to the judge for signature.

• If there are minor children, parties must attend a parent education class, develop a parenting plan, or participate in mediation.

• Both sides conduct discovery to obtain information regarding all relevant facts.

• Obtain valuations of all assets, including expert opinions if needed.

• Confer with attorney, identify issues, assess strengths and weaknesses of case, review strategy, and develop proposal for settlement.

• Spouses, guided by their attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other negotiation.

• Parties reach agreement on all issues.

• Attorney prepares decree and court orders for the division of retirement plans for approval by spouses and attorneys.

OR

• Parties prepare for trial on unresolved issues.

OR

• Trial preparations proceed and include the preparation of witnesses, trial exhibits, legal research on contested issues, pretrial motions, trial brief, preparation of direct and cross-examination of witnesses, preparation of opening statement, subpoena of witnesses, and closing argument and suggestions to the court.

• Meet with attorney for final trial preparation.

• Trial is held.

• Judge makes decision.

• Attorney prepares decree.

• Spouse's attorney approves decree as to form.

• Decree submitted to judge for signature.

• Judge signs decree of dissolution.

• Make payments and sign documents (deeds or titles) according to decree.

• Documents required to divide retirement accounts and ensure the payment of child support are submitted to the court.

1.3 Is Tennessee a no-fault state or do I need grounds for a divorce?

Tennessee, like most states, does not require fault for a divorce to be granted. If the parties are able to reach a settlement, the parties must only prove that irreconcilable differences exist between the parties. This is generally done by stating to the judge at the divorce approval hearing that efforts at reconciliation were made, that those efforts were not successful, that further attempts would not be beneficial, and that irreconcilable differences exist between the parties.

Although not required, if either party chooses to have a final hearing, then the testimony of either you or your spouse is likely to be sufficient evidence for the court to rule that the marriage should be dissolved. This testimony will state, as above, that efforts at reconciliation were made, that those efforts were not successful, that further attempts would not be...