Getting a No-Fault Divorce in Tennessee

How to proceed when both parties seek a dissolution of the marriage by agreement

For many years, fault was a requirement for divorce in most jurisdictions of the United States. This kept many people trapped in bad marriages and even forced some who wanted divorces to collude with their spouses to manufacture grounds. Tennessee and most other states realized years ago that this was a flawed system, and now the law presently allows couples to proceed under the ground of irreconcilable differences, so that the parties may proceed to get a divorce without “pointing fingers” at each other. We at Miller Upshaw Family Law, PLLC are happy to help couples in the Nashville area expediently navigate Tennessee’s no-fault divorce process. We can help you understand the procedural requirements and negotiate the issues necessary to obtain court approval.

No-fault divorce requirements

In Tennessee, the court will not grant a divorce on the ground of irreconcilable differences unless the parties have settled all of their issues in advance through a marital dissolution agreement and, if there are minor children of the marriage, a permanent parenting plan. The marital dissolution agreement and permanent parenting plan must sufficiently provide for a number of issues and are subject to final approval by the court:

Property distribution Alimony

Child custody/residential schedule Child support

Unlike cases proceeding under fault grounds for divorce, there is little chance that litigation is necessary unless the court declines to approve the dissolution agreement and the spouses cannot satisfactorily amend it. Similarly, couples going through uncontested divorce in Tennessee are not required to participate in mediation unless the court rejects their marital dissolution agreements or permanent parenting plans. There is also a waiting period of 60 days after the divorce has been filed — 90 days if there are unmarried minor children from the marriage — before it can be granted.

Issues in no-fault divorce

As you can see, Tennessee’s no-fault divorce system is specifically designed to avoid litigation and promote amicable resolution of the issues while still providing ultimate court supervision to promote fair treatment of both parties and the best interests of the children of the marriage. The key to taking full advantage of this process is a thorough and comprehensive marital dissolution agreement and permanent parenting plan.

As Nashville divorce attorneys with more than 50 years of cumulative experience, we at Miller Upshaw Family Law, PLLC know what issues spouses need to resolve and what judges look for when reviewing the marital dissolution agreement and permanent parenting plan. Miller Upshaw Family Law, PLLC is exceptionally well-qualified to help cooperative divorcing spouses take full advantage of Tennessee’s no-fault divorce process and move on with their lives as quickly and easily as possible.

Call us to learn how we can help you move on

We at Miller Upshaw Family Law, PLLC have helped countless couples throughout the Nashville area obtain no-fault divorces without resorting to litigation. On Woodland Street in historic Edgefield, our Nashville office is within sight of the courthouse and offers free parking. Call us today at 615-391-4200 or contact us online to schedule an in-person or video consultation with an experienced attorney.