Steps to File an Uncontested Divorce

Filing for an uncontested divorce can feel overwhelming, but breaking it down into manageable steps can make the process easier. An uncontested divorce means both spouses agree on all terms, including property division, child custody, and support. 

Here’s how you can approach filing for an uncontested divorce. I’ll explore the different avenues you can take and everything you need to know for this process in Shelby County, Tennessee.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This includes decisions about property, finances, debts, child custody, and support. This type of divorce is typically quicker and less expensive than a contested divorce, which involves disagreements that require court intervention.

Choosing an uncontested divorce can reduce stress and provide a more amicable resolution, making it a popular choice for many eligible couples.

Confirm Your Eligibility

Before starting, confirm that you meet Tennessee’s residency requirements. At least one spouse must have lived in the state for six months before filing. Additionally, confirm that you and your spouse agree on all key issues. Without this agreement, the case may become contested, which involves a different process.

It’s also important to note that Tennessee requires specific grounds for divorce. For uncontested cases, irreconcilable differences are the most common grounds.

Gather Necessary Documents

Organizing the right documents saves time. You’ll need:

• A copy of your marriage certificate.

• Financial records, such as income statements, tax returns, and bank account details.

• Property information, including deeds, titles, and a list of assets and debts.

• Agreements on child custody, visitation, and support if children are involved.

Having these documents ready helps streamline your filing process. You might also want to keep copies of recent utility bills or other proof of residency to confirm eligibility.

If you own a business or have unique financial arrangements, additional documentation may be required to address these factors adequately.

Draft the Divorce Complaint

The divorce complaint is the formal document that starts the process. It outlines your request for divorce and lists any agreements already reached. In Tennessee, you’ll need to state grounds for the divorce, such as irreconcilable differences for an uncontested case.

You can obtain the necessary forms from the Shelby County Circuit Court Clerk’s office or the court’s website. Fill them out carefully to avoid delays. If you’re unsure how to complete certain sections, consider seeking guidance from a professional.

File the Divorce Complaint

Once the complaint is complete, file it with the Shelby County Circuit Court Clerk. There is a filing fee, which varies depending on whether you have children. Check with the Clerk’s office for the current fee structure.

When you file, you’ll also need to submit a summons to notify your spouse. In uncontested cases, your spouse may sign a waiver of service to acknowledge receipt of the documents, simplifying this step.

It’s helpful to confirm that all forms are complete and signed correctly before submitting them. Mistakes can lead to delays.

Complete the Marital Dissolution Agreement

The Marital Dissolution Agreement (MDA) outlines how you and your spouse will handle property division, debts, and other financial matters. For couples with children, a Permanent Parenting Plan is also required to address custody, visitation, and child support.

Both spouses must sign these documents. It’s crucial to confirm everything is clear and mutually acceptable to avoid misunderstandings. Consider discussing these agreements in detail to confirm there are no lingering questions or disputes.

Develop a Parenting Plan

If you have children, creating a Permanent Parenting Plan is a critical step. This document outlines how you’ll share custody, arrange visitation schedules, and handle child support. Tennessee requires that the plan prioritizes the child’s best interests.

Include details like:

• Who will have primary residential custody.

• How holidays and school breaks will be divided.

• Procedures for modifying the plan in the future.

Being thorough in this step can help avoid future disagreements.

You may also want to include a dispute resolution process for handling minor conflicts that arise later, such as choosing extracurricular activities or making adjustments to visitation schedules.

Attend the Mandatory Waiting Period

Tennessee requires a waiting period before finalizing a divorce. For couples without children, the waiting period is 60 days. For those with children, it’s 90 days. This time allows both parties to review the agreements and make any necessary adjustments.

During this period, take time to organize any additional documents or address outstanding concerns. The waiting period also provides an opportunity to confirm with an experienced lawyer that all terms are practical and achievable.

If you have unresolved issues, consider using this time to explore mediation services. Even in uncontested cases, mediation can help fine-tune agreements to better suit both parties.

File Additional Paperwork

After the waiting period, submit the signed MDA and, if applicable, the Permanent Parenting Plan to the court. Additional forms, such as a Final Decree of Divorce, will also need to be filed. These documents formally conclude the case.

When filing these documents, double-check that all information is accurate. The court relies on this paperwork to finalize your divorce, so any errors can cause delays.

Make sure all required signatures are included. Missing signatures can result in the court returning the paperwork, which can prolong the process.

Prepare for the Final Hearing

The final step involves a brief court hearing. In Shelby County, only one spouse typically needs to attend. During the hearing, the judge reviews the paperwork to confirm that everything is in order and that the agreements are fair.

Here’s what to expect:

• The judge may ask basic questions about the agreements.

• You may need to confirm that the divorce is uncontested.

• If everything is in order, the judge will sign the Final Decree of Divorce.

It’s helpful to bring copies of all documents to the hearing for reference. Dress appropriately and arrive on time to show respect for the court process.

After the Divorce Is Finalized

Once the judge signs the Final Decree of Divorce, the process is complete. You’ll receive certified copies of the decree for your records. Keep these documents in a safe place, as you may need them for future legal or financial purposes.

If your name has changed, you can use the decree to update identification documents, bank accounts, and other records. This step helps maintain consistency across all personal and legal accounts.

Consider creating a checklist to make sure all updates are completed. Items to include might be driver’s license updates, passport changes, and notifying your employer.

Common Questions About Uncontested Divorce

How long does an uncontested divorce take in Shelby County?

The timeline depends on the mandatory waiting period and how quickly you complete the paperwork. Most uncontested divorces are finalized within two to three months.

Can we modify the agreements later?

Yes, agreements like parenting plans and child support can be modified if circumstances change. However, you’ll need court approval for any modifications.

Do we need separate attorneys?

While not required, separate attorneys can provide guidance to make sure both parties fully understand the agreements.

What happens if we miss a step?

Missing a step or submitting incomplete paperwork can delay the process. Carefully following the outlined steps helps avoid unnecessary complications.

Reach Out for a Consultation

If you’re looking to file an uncontested divorce, contact me, Attorney Theresa D. Childress. I offer personalized divorce support in Memphis, Tennessee, or throughout Shelby County, including Memphis, Lenox, Nonconnah, Germantown, Bartlett, Arlington, Millington, and beyond.