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The legal separation process begins when either spouse files a petition with the court. At least one spouse must meet the state's residency requirement (being a Tennessee resident for at least 6 months before filing). The filing spouse must provide the court with the grounds (legal reason) for the request.
In limited circumstances, it is possible to get an agreed divorce in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.
What if Spouse Won't Sign Divorce Papers? In Tennessee, if a spouse will not sign divorce papers after being served, there are still ways to move forward with the divorce. You can file with the court and await an assigned court date.
In Tennessee, we have two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. With a contested divorce, the parties cannot agree and must go to trial.
Tennessee allows you to represent yourself and complete your own divorce documents in two different scenarios when you are seeking what is referred to as an agreed divorce, and when you are seeking an uncontested divorce.