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Uncontested divorce 101: How does it work?

You thought marriage would be a time to settle down and establish your life with the person you loved. However, you quickly discovered that your relationship just wasn't going to work. Your relationship troubles meant the wheels of progress on big life goals like having children, buying a house or saving for retirement haven't quite met the road yet. All you know is that it's time for a split. Is there an easy way out?

Uncontested divorce provides a streamlined process for couples

Your idea of divorce could be climactic courtroom battles and bitter fights at home, but that is not always the case. If you are willing to work together with your spouse, an uncontested divorce may be the right way to end your marriage. When is this process a good idea? 

An uncontested divorce can work for couples who:

  • Own limited assets.
  • Have not been married for a long time.
  • Have no minor children together.
  • Want a streamlined, cost-effective process.

Tennessee law shapes the divorce process for local couples. A couple seeking uncontested divorce must:

  • Reside in Tennessee for at least six months before filing.
  • Cite irreconcilable differences as the reason for divorce.
  • Divide assets fairly through equitable distribution.

A closer look at the process

Though an uncontested divorce is simpler, it still takes time. Why do these legal benchmarks exist through the process? Couples must wait 60 to 90 days before the divorce is finalized. You can also use this time to ensure that arrangements are made properly.

What causes divorce is not always easy to determine. Therefore, in an uncontested divorce, no sole reason is needed to legitimize your split. Instead, if you and your soon-to-be-ex agree that your marriage is beyond repair, then that is enough for a divorce.

Finally, any assets must be divided fairly. This process does not necessarily mean a 50/50 split. Rather, it means that you as a couple will determine what is equitable, and then a judge will review the agreement.

Is uncontested divorce right for you? Remember, careful consideration for agreement and compromise must be made throughout the process. Couples who are willing to work together can take advantage of the efficiencies of uncontested divorce.

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