An uncontested divorce (aka Agreed Divorce) is possible only if you and your spouse are able to come to an agreement on all issues necessary to dissolve your marriage. This typically means, you must come to an agreement on marital property division and valuation, marital debt division, classification of separate property, child custody, visitation and parenting plan schedules, child support calculations and alimony (aka spousal support).​

Advantages

Proceeding with an uncontested divorce is highly recommended for its many advantages. Unlike a contested divorce, an uncontested divorce is generally less stressful, less time consuming, comparatively inexpensive, easier on children and will help pave the way to a long term cooperative relationship.​

Cost of Divorce

An uncontested divorce can cost as little as $500 plus your filing fees. Your cost, however, can vary greatly depending upon your specific circumstances. Do beware of anyone offering fixed pricing or guarantees, it doesn't work that way. If you and your spouse settle all issues quickly it will cost less than if your case demands a significant amount of time.

The reduced cost of an uncontested divorce is typically due to the fact that only one spouse hires a divorce lawyer to prepare the divorce papers. It is important to note, however, the divorce lawyer will only represent one spouse to avoid a conflict of interest. The non-represented spouse then signs the divorce papers without a divorce lawyer or just gets a quick review from their own divorce lawyer before signing. It is common to then split the cost for representation.

Court Appearance

It is not necessary for you, your spouse or children to appear before the Court in an uncontested divorce. Your divorce lawyer will prepare the necessary motions to ensure that your divorce decree can be ordered by the Court without a hearing or trial.

How Long Will it Take?

Your request to be divorced must be on file for 60 days for an uncontested divorce to be ordered by the Court if you have no minor children. If you have minor children with your spouse, however, then you must wait for 90 days after filing for divorce before a divorce decree will be ordered.

Likelihood of an Uncontested Divorce

Successfully completing an uncontested divorce can be difficult. You must be able to talk with one another in a civil manner and make important decisions. Many divorcing couples start out negotiations with the intent of completing an uncontested divorce, but the issues simply become too overwhelming and separate lawyers are needed to sort it all out. For this reason, it is important to choose a divorce lawyer that is ready to pick up the negotiations or proceed directly to trial.

Domestic Violence

It should come as no surprise that any acts of domestic violence make an uncontested divorce very unlikely. If abuse occurred in the past, then the victim will likely be in fear of further acts of abuse. There is also a heightened degree of emotion and stress inherent in the negotiation process that increases the likelihood of domestic violence to occur. Basically, prior act of violence create an unlevel playing field for negotiation of the issues.

A victim of domestic violence should not attempt to negotiate with their abuser and should have a divorce lawyer representing them, and an abuser should not count on any cooperation from their victim. If an emergency protective order (EPO) or domestic violence order (DVO) prohibiting contact is in effect, then an uncontested divorce is almost certainly out of the question.

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For more information concerning an uncontested divorce in Tennessee, contact us and schedule a consultation. We are here to help navigate you through the Tennessee divorce process.