In Tennessee, an uncontested divorce is often simple enough that you don’t need a lawyer. If both you and your spouse can agree to what a fair divorce might look like and negotiate the terms of your divorce, you can skip the type of lengthy legal battle often associated with divorce. This has the potential to save you thousands of dollars and significant stress.
If there are certain areas where you and your ex can’t agree, all is not lost. Mediation may still help you avoid hiring a divorce lawyer and going to court. A mediator is an unbiased third party who helps you find common ground in your divorce negotiations. Mediation allows you to divorce in Tennessee without the high bills and long timeline associated with using lawyers.
In Tennessee and most other states, it is possible to go through a divorce without a lawyer. Legally, you don’t need to hire a lawyer to get a divorce. However, some people need a lawyer if their divorce is going to involve a court battle or is otherwise very complex.
Generally, lawyers can be avoided if you have an uncontested divorce, which we explain in more detail in the next section. The process can often be further simplified by using an online divorce service like Hello Divorce.
An uncontested divorce is a type of divorce. You don’t need to engage in a court battle to determine how things like child custody and the splitting of assets will work.
Instead, you and your ex will draft a separation agreement, potentially with the help of a mediator, in which you agree on how the divorce ought to be settled. While this process may at times be tense and involve some negotiating, it doesn’t require a judge to make the final decisions about how these matters should go. Note, however, that some unreasonable agreements can be rejected by the court, even if both parties agree to the terms.
You don’t generally need an attorney because these types of divorces tend to be significantly less complicated than contested divorces. There usually isn’t any major resistance to the process. There may be matters the other party wants to negotiate, but nothing is so significant that it cannot be resolved. (If there were, it would need to be resolved in court, and you would by definition be getting a contested divorce.)
The primary purpose of a divorce attorney is to provide legal guidance and help you properly negotiate the divorce process. But divorce lawyers can cost a lot of money, and since uncontested divorces aren’t as complicated as contested divorces, many people can safely save money by choosing not to hire a lawyer while still successfully navigating the divorce process.
If you use a mediator to help with the process, know that the cost of their services is significantly less than hiring an attorney. Read our Divorce Mediation Checklist to help yourself prepare for mediation, or schedule a free 15-minute informational call about mediation with a Hello Divorce account coordinator.
In Tennessee, the steps required to get an uncontested divorce typically go as follows.
Find the relevant materials that will allow you to get an uncontested divorce. Some counties have guides to help. For example, the Davidson County Circuit Court offers this guide packet that outlines the steps required to get an uncontested divorce. (Note that this particular packet is specifically for couples without children.)
You will need to fill out all of your divorce forms with your spouse. These forms will generally need to be signed by both you and your spouse verifying that you believe the content of the form to be accurate and you agree to the contents. Never sign any document without fully reading and understanding it.
At this stage, you will also need to negotiate the terms of your divorce with your spouse. If you’re having trouble agreeing on certain matters but are both willing to negotiate, this is when it is often beneficial to seek the help of a professional mediator.
In Tennessee, you will generally need to file in the county where one of you lives with the circuit court clerk’s office. Filing documents for divorce typically carries a fee that can approach $100 or more, but the specific fees will depend on your area. If you cannot afford the fee, the state of Tennessee allows you to submit a Request to Postpone Filing Fees and Order.
After at least 60 days but less than 180 days from when you filed your complaint for divorce, you must file a motion to set your divorce hearing date. The exact name of this form can vary slightly, but it is likely to be named a Motion to Set Agreed Divorce for Hearing on Uncontested Docket or something similar.
Assuming you have properly followed procedure and there are no immediate issues found, a judge will review your divorce documents and set your divorce hearing date at a motion hearing. You should appear at this hearing.
On the day of your divorce hearing, the spouse who filed for divorce will be required to go to court, and the other spouse should generally also go. At this hearing, the judge decides whether to provide final approval of your divorce forms and may ask questions about the contents of the forms. Bring all relevant documentation to this hearing so you can properly answer the judge’s questions.
If the judge finds no issues with the documents or agreements made, you will have a shorter final hearing where you will formally be divorced. You will need to sign a final decree regarding your divorce.
Yes, many. Uncontested divorces are often much less expensive, as they allow you to skip hiring a lawyer. Even if you do hire a lawyer, it almost always requires less time to go through than a contested divorce.
The process is much less stressful not only because it hurts less financially and requires less time, but also because the process allows you to skip a court battle. Even if there are areas where you and your ex disagree, you can negotiate what you believe is a fair agreement directly or in mediation.
An uncontested divorce also offers less risk, as you and the other party negotiate your terms and agree to them, meaning the general outcome of the divorce may be obvious at a relatively early stage. If a divorce instead requires a court battle, it is harder to predict how the court will rule. Even if you believe you have a strong case, there’s no guarantee that a judge will fully agree with your points.
Tennessee has a waiting period for no-fault divorces. Parties are required to wait between the filing and the first hearing. This waiting period is 60 days if they don’t have children and 90 days if they do have children. The case can then take 60 to 90 days to become finalized.
Some uncontested divorces may take more time than this, depending on the issues being discussed and the complexity of the agreement that needs to be made. Still, the uncontested divorce process tends to be much shorter than that of contested divorce.
Compared to a contested divorce, which can easily cost thousands of dollars, an uncontested Tennessee divorce isn’t as expensive. Both your county and state will require you to pay filing fees to submit documents. In total, these fees are likely to cost $300 to $500 depending on where you filed and the specifics of your case. Cases involving children cost more.
It’s also possible to agree to split the cost of a mediator or similar help.
If you’re not the one seeking a divorce, you may not need to go to court. However, you still may need to attend some hearings. There is usually a hearing to schedule your divorce hearing date and then your actual divorce hearing.
These hearings are important because the documents you filed will be reviewed, and the judge may have questions for you. Attending all hearings relevant to your divorce helps ensure that there are no unnecessary delays in the process and that the agreement you believe you made isn’t changed without your knowledge.
The following requirements apply:
Note that the specifics of your case can complicate the divorce process, even if an uncontested divorce is still possible. For example, if you have children or one party is pregnant, more matters need to be dealt with than if you don’t have children. Similarly, owning buildings, land, or a business together may impact your ability to quickly get a divorce without legal help.
Common issues that might prevent getting an uncontested divorce include the following:
If you and your ex are having trouble reaching an agreement, mediation is usually the best next step. No one gets everything they want in a divorce, but a mediator can help you find a satisfactory agreement.
After negotiation, where you both likely give up some things to get things that are more important to you, you can likely continue with an uncontested divorce.
If you and your ex are unable to find common ground in mediation, you can then proceed to a contested divorce, if needed.