You may have heard uncontested divorces called and “irreconcilable differences divorce.” In this situation, the parties agree to a divorce on the grounds of irreconcilable differences. All this means is that there are problems in your marriage that have caused damage to it that you and your spouse cannot fix. For this type of divorce to work, you and your spouse will have agree to every single aspect of your divorce. Both parties will have to agree on how to divide money, property, if alimony will be paid, child support, and a child visitation schedule.
If you and your spouse choose to move forward with an uncontested divorce you, with the help of your attorneys, will come to an agreement on each issue in your divorce. Your attorneys will draft a Marital Dissolution Agreement and, if you have children, a Parenting Plan. Once these documents are signed by both spouses, they are filed with the court.
After filing, there will be a short waiting period before your divorce can be granted. In Tennessee, the waiting period is 60 days if the parties are divorcing without children and 90 days if they have children under 18. Generally, after this waiting period is over, a final hearing will be set for your case. In many cases, only one spouse will have to attend the final hearing. Once the hearing is complete, your divorce will be finished.
If you and your spouse cannot amicably agree on any issue in your divorce your case will be contested. The process for a contested divorce is very different from that of an uncontested divorce. This is because the parties will need to go to court to solve the issues in their marriage and have the court’s help in determining issues like property separation and child custody. Additionally, parties have to present evidence to prove “grounds” or fault in a contested divorce.