Minimum 60-Day Waiting Period for Divorce
The quickest possible divorce in Knoxville takes sixty days. This cooling off period is an opportunity for the spouses to reflect on their decisions and determine whether they want to continue or to reconcile. The state of Tennessee encourages these reflections and will even suspend proceedings if the couple needs time to think about their choices.
This sixty-day waiting period is only available under certain conditions. The following aspects need to be in place:
- the petition must cite a no-fault divorce
- the spouses have no children under 18 years old, and the divorce is mutual.
Otherwise, the minimum waiting time is ninety days.This period is for mutual divorces with no-fault grounds, but where spouses have minor children. The extension allows spouses, lawyers, and all parties to plan and agree on child custody thoroughly. Once finalized, the custody and parenting time results are submitted as part of the PPP.
Reasons for Divorce in Tennessee
There two types of divorce: fault and no-fault grounds. No-fault divorces fall into one of two categories—either the couple has irreconcilable differences, or they have been living in separate residences for at least two years and don’t have children.
The reasons to get a fault grounds divorce are numerous. The fault could be spurred either through the actions of one or both spouses. They include:
- Child abuse.
- Substance abuse.
- Felony conviction.
- Adultery or bigamy.
- Banning the spouse from the home.
- Impotence, or the inability to procreate.
- Domestic violence or attempted endangerment.
- Willfully abandoning your spouse without cause for one year.
- Refusal to move with a spouse to a new residence without cause for two years.
- The wife was pregnant with another man’s child without the husband’s knowledge at the time of the marriage.
A spouse must prove these reasons beyond doubt to have grounds for a fault divorce. This process requires credible evidence, whether physical, digital, or testimonial. At [company name], we can guide you through the divorce process to help you figure out what works best for you.
Alternatives to Divorce under Tennessee Divorce Law
Full-blown divorce is not the only alternative when you want to separate from your spouse. There are better routes you can take without legally getting divorced. These include annulment and legal separation.
An annulment is a legal procedure where the marriage is treated like it never happened. Annulments are incredibly uncommon. They only occur under specific circumstances like:
- Incest.
- Insanity.
- Marriage fraud.
- Adultery or bigamy.
- Under-age spouses.
- Coercion of a spouse into marriage.
- Impotence, or the inability to procreate.
Legal separation allows a married couple to live apart from one another. This action permits the spouses to get away from one another, except they cannot remarry. The grounds for separation are the same as for divorce.
Contact Landry & Azevedo in Knoxville , TN, if you are considering separation or divorce. Our attorneys will take the time to access your situation and assist you in the best course of action for your future. Experience a better, brighter way forward by calling us at 865-851-7050 today.
