Instructions to File For Divorce Without Children in Tennessee Form

In order to be able to file for divorce that doesn’t involve children without an attorney in the State of Tennessee, use the following instructions.

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March 2012   Agreed Divorce Instructions  Page  1 of 5  
  Approved by the Tennessee Supreme Court   	
How to Get an Agreed Divorce in Tennessee  	
 	
If you have NO children who are under 18, disabled or in high school 
a nd you do not own buildings or land or a business with your spouse,  or have retirement benefits.  
 
What is an agreed divorce? 
 
Agreed means that you and your spouse agree on 
all points of your divorce  AND you must meet all 
the rules below.   An agreed divorce is easier and 
faster. It costs less than a regular divorce 
because:  	
 
•  There are  fewer court papers to fill out. 
•   You don’t have to  have a lawyer.  But it’s best 
to talk to a lawyer before starting any divorce.  
 
Can anyone get an agreed divorce  with this 
packet ? 
 
No!	   It is  only for couples if ALL  of these are 
true: 	
 
•   One or both of you lived in Tennessee for at 
least the past 6 months  OR  you live d in 
Tennes see when you decided to divorce; 
•   You and your spouse have no children 
together who are: 
o  Under age 18 or  
o   Disabled or   
o   Still in high school   
Children together  m eans children you had 
together that were born before your marriage 
AND  any children bor n during your marriage 
or adopted. 
•   The wife is not pregnant now;   
•   You  both want to end your marriage; 
•   You don’t own buildings or land or a business 
together  or have retirement benefits ; AND 
•   You can agree on alimony and how to divide 
your property, and will  both  sign a Div orce 
Agreement (Form 5 ). 
Do I need a lawyer?  
 
You need a lawyer if: 
 
•   You find the court papers hard to understand;  
•   You or your spouse have an IRS qualified 
pension or retirement  plan;  •
  You  or your spouse own buildings or land (t his 
is call ed real property ); 
•   You  or your spouse own a business;  
•   Your spouse won’t sign the Divorce 
Agreement;  
•   Your spouse has a lawyer ;  
•   You have questions about your divorce.   The 
co urt can’t give you legal advice; OR  
•   You don’t know how to locate your spouse.  
 
Important!   Only want a lawyer for part of the 
case?   Having a lawyer look at your Divorce 
Agreement may protect you.  
 
Where can I find a lawyer?  	
 
•  Your county’s Bar Association.   This is a 
group that lawyers join.   They may have 
programs that can give you free  advice.  Or 
they can refer you to a lawyer.  
•   Look under “lawyer” in the yellow pages.   
•   Search  for “lawyer” on the internet.  
•   Ask divorced friends which lawyer they used.  
•   Check the Administrative Office of the Court’s 
website at: __________________________ 
  Free Legal Help  
for Domestic Violence Victims 
 
Does your spouse hurt or threaten you?   There 
are special programs that can help you get free 
legal advice.   They can also help if your spouse 
won’t agree to a divorce.   Call these FREE  
hotlines to find help near you. 
•   Tennessee Coalition for Domestic and Sexual 
Violence  – 1 -800-356-6767 /  www.tcadsv.org 
•   Domestic Violence hotline –  1 -800-799-7233 	
 	
If  any	 of these are not  true for you, you 
can’t  use this packet!   Talk to a lawyer. 	This packet has the court forms you will 
need to get an agreed divorce.  It also 
explains: 
•  What an agreed divorce is.  
•   Who can get an agreed divorce. 
•   Steps to get an agreed divorce. 
•   How to get ready for your court hearing. 
•   Answers to common questions about 
divorce. 
•   What goes in a Divorce Agreement.

March 2012   Agreed Divorce Instructions  Page  2 of 5  
  Approved by the Tennessee Supreme Court   
Steps to Get an Agreed Divorce 
Tip!  Make extra copies of the blank forms in this packet.   This is in case you mak e a mistake.  Also, make 
copies of all papers you give the Court Clerk.   Ask the Clerk to date-stamp your copy.   Keep all your date-
stamped divorce papers in a folder or envelope.   Bring it with you when you go to court. 
 
Step 1  You and your spouse MUST fill out these papers.   The Court Clerk can’t do it for you.  
When they are filled out, go to the Court Clerk’s office and give them (file) these papers:  
 	 	
  	Request for Divorce, Form 1.  Must be signed and notarized.   	
 	Spouses’ Personal Information, Form 2 A 
Fill it out and put it in a letter -size envelope.  On the outside, write both 
spouses’ names and your case number.   The Court Clerk will give you 
your  case  number.  	
 	Check with your Court Clerk to see if you need to fill out a Civil Case 
Cover Sheet	. 	
Step  2   If you can’t afford to pay the filing fee, also fill out and give the Court Clerk (file):  
If you 
need 
it 	
 	Request to Postpone Filing Fees and Order , Form 3 
The court may let you pay the filing fees at the end of your case.   You and your spouse must 
deci	de how you will split the cost of the filing fees	  	
Step 3  Complete the Health Insurance Notice for Divorcing Spouses (Form 4 ): 
 	 	Health Insurance Notice, Form 4  
Fill it out, file with Clerk and mail a copy to your spouse by certified mail.   Keep a copy for your 
records.   Not on each other’s health insurance  or don’t have health insurance?   Then write that 
on the paper.	 	
Step 4  Fill out these papers and give them to the Court Clerk (file):  
 	 	Divorce Agreement, Form 5 .  Must be signed and notarized by both you and your spouse.  	
 	Final  Decree of Divorce, Form 6 .  Must be signed by both you and your spouse.    	
 	Court Order for Divorcing Spouses, Form 7  Must be signed by both you and your spouse.    
Both spouses must obey this order!   	
 	Divorce Certificate  
Ask the Clerk for this paper.   Don’t use a copy.  Fill out as much of it as you can.   Ask the 
Clerk about the deadline for this paper.  	
  	Notice of Hearing to Approve Irreconcilable Differences Divorce, Form 8  	
Step 5 Wait at least 60 days after filing your Request for  Divorce  (Form 1)  then: 
 		 Call the Clerk.   Has it been more than 180 days since the last person  signed the Divorce 
Agreement?   Then you must fill out a new Divorce Agreement. 	
  	Ask  the court clerk how to get  a court  date for the Final Divorce Hearing.   Ask i f you need any 
other papers to set the hearing date.  	
 	
  	If needed, c omplete and file  the Notice of Hearing to Approve Irreconcilable Differences 
Divorce 	with the court clerk	, Form 	8.  Mail your spouse a copy.  	 	
Step 6 Go to the Courthouse on the date of your Final Divorce Hearing. 
 		 It’s best if both spouses go, but  if you are the spouse who filed the divorce, you may go alone.  
What if only one spouse goes and the judge changes something?   You will have to go back to 
court later.   Bring copies of all the date -stamped divorce papers with you.   Bring the Final 
Decree of Divorce, Form 6	 	
Step 7 After the hearing, go to the Court Clerk’s office.   Ask  how to get the signed copy of the 
Final Divorce Order.   You may have to pay for copies.  You will have to pay fo r certified 
copies.   
 	If your spouse did not go to the hearing, you must  mail him/her a copy of this Order.

March 2012   Agreed Divorce Instructions  Page  3 of 5  
  Approved by the Tennessee Supreme Court   
Get ready for your Court Hearing  
 
Before the hearing: 
 
• 
Dress neatly.   Wear clothes that look like a 
businessperson.   Wear clothes that show 
respect for the court.   This means: 
  No shorts.   
  No tank tops or low cut tops.  
  No crop tops that show your belly.  
  No T -shirts with words or pictures.  
  Turn off your cell phone or pager. 
•   Take all of your court papers. 
•   Both spouses may go to the hearing.   Or just 
the spouse who filed the divorce may go.   You 
don’t need witnesses.  
•   Get to court early  on the day of your hearing.  
You may need to find parking and go through 
security. 
•  Go to the Clerk’s Office to make sure your 
case is on the calendar.    
•  Sit down in  the courtroom .  Wait for your 
name to be called.   (There may be other 
cases ahead of you.)  
 
At the hearing:  
 
•   Step forward when your 
name is called. 
•   You  will be asked  to raise 
your right hand and take an 
oath to tell the truth. 
•   After you swear to tell 
the  truth, say this: 
“My name is ____________________. 
I am the wife (or husband) in this 
case.   I am here to get a Final Divorce 
Order.”  
•   Don’t sit down until your case is over.  
•   When you speak to the judge, say, “Your 
Honor.”   Be polite.   
•   The judge will look  at your court papers and 
may ask questions.   Listen carefully.   Never 
butt in.   Don’t talk until the judge asks you a 
question.   Answer all questions fully and tell 
the truth.   What if you don’t understand a 
question?   Then ask the judge to explain or 
rep eat it.  
 
 
 
 
  The judge may ask you:
 
 
•   Your name and your 
spouse’s name.  
•   How long you have  lived 
in Tennessee. 
•   If either spouse wants 
their old name back. 
•   If the wife is pregnant. 
•   If your Divorce 
Agreement divides the 
property fairly.   
•   If you want the court to grant the divorce.  
•   If you and your spouse have irreconcilable 
differences (cannot get along). 
 
You may answer, like this:  
 
  I have lived in Tennessee for at least 6 
months.   
  We are not  expecting a child now.   
  My spouse and I have no children together.   
  My spouse and I have made a Divorce 
Agreement that is fair.  We have divided all 
property and debt.    
  I want a divorce. 
  My spouse and I can’t get along any more.  
We have no hope of working our marriage out.   
 
At  the hearing: 
 
Once approved,  the judge will sign the Final 
Divorce Order .   Your divorce is not final until the 
judge signs the Final Divorce Order and it is filed 
with the Clerk.    
 
Important!   After the court makes the F inal 
Divorce Order, each spouse has 30 days to 
appeal.   During this 30-day period, don’t get 
married again or buy any property  
 
After the hearing, ask the Court Clerk for certified 
copies of the Final Divorce Order and Divorce 
Agreement.   You may need this later.  	
What if there are mistakes on the divorce  
papers?   The judge may ask both spouses to 
make the changes and initial them.   	
If both 
spouses aren’t there, you have to come back 
another day.

March 2012   Agreed Divorce Instructions  Page  4 of 5  
  Approved by the Tennessee Supreme Court   
Common Questions About Agreed Divorce  
 
To get an agreed divorce, do I have to prove 
that my spouse did something wrong? 
 
No.   You just have to say that you and your 
spouse can no longer get along.   Say that you 
have no hope of working out your marriage 
problems.   The court calls this “irreconcilable 
differences”.   
 
Do  I have to live in Tennessee to file for 
divorce here?   
 
One or both spouses must have lived in 
Tennessee for at least the last 6 months  OR  you 
lived in Tennessee when you separated. 
 
Where do I file my divorce papers? 
 
•   In the county where you and your spouse live.   
•   OR  in the county where your spouse lives now.  
•   OR  in the county where you lived when you 
separated.   
 
What if your spouse is in jail or doesn’t live in 
Tennessee?   Then file in the county where 	
you	
   
live.  
The court in each county is different.   The divorce 
court in your county could be a Circuit, Chancery, 
or General Sessions Court.  Ask the Court Clerk if 
their court hears divorces cases.    DON’T  file 
them in more than one court. 
 
Important!    Until the divorce is final, you and your 
spouse can’t do some things.   You and your 
spouse can’t:  
 
•   Disobey the Court Order for Divorcing 
Spouses  (Form 7)  OR  
•   Spend, give away, destroy, waste or use up 
property from the marriage OR  
•   Harass each other OR  
•   Stop or change insurance policies  OR 
•   Hide, destroy or spoil  electronic evidence kept 
on a computer or memory storage device. 
 
Will my divorce papers be public? 
 
Yes.   The papers you and your spouse file at 
court are public record.   That means anyone can 
look at your file.   Anyone can get copies of any  papers in your file. 
 BUT  the papers called 
Spouses’ Personal Information, Form 2 A, aren’t  
public  and will be secret.  
 
Do I have to pay a fee to file my divorce 
papers? 
 
Yes.   Each county has its own fee plus  state fees.  
Ask the Court Clerk’s office how much you wil l 
have to pay.  Bring cash with you.    You must pay 
the Court Clerk when you file your Request for 
Divorce.   Many Court Clerks don’t take checks or 
credit cards.  
 
What if I can’t pay the court fee? 
 
The court may let you pay the fee at the end of 
your cas e.  This is when the judge decides which 
spouse has to pay the court costs.  
 
Need to pay the fee later?   Fill out a Request to 
Postpone Filing Fees and Order , Form 3. 
 
What if I am a victim of domestic violence? 
 
Did your spouse hurt or threaten you?   To get an 
agreed divorce you must talk to your spouse.   
What if it is not safe to contact your spouse?   
Then an agreed divorce may not work for you.   
These  free resources can help you.   They can 
also help if your spouse doesn’t want the divorce. 
 
•   Coalition for  Domestic and Sexual Violence  
1 -800-356-6767  – 	
www.tcadsv.org	 
•   Nati onal Domestic Violence hotline 
1 -800-799-7233 
•   Legal Aid or Legal Servi ces  
To find a legal aid program near you go to 	
www.tennlegalaid.com	 
•   Tennessee Alliance for Legal Services  
(615) 627-0956  / 50 Vantage Way, Suite 250, 
Nashville, TN 37228  
 
How soon can the divorce be final? 
 
The soonest is 60 days after you file your Request 
for Divorce.  It  usually will take longer. 
 
Important!   After the court makes the F inal 
Divorce Order, each spouse has 30 days to

March 2012   Agreed Divorce Instructions  Page  5 of 5  
  Approved by the Tennessee Supreme Court   
appeal.  During this 30-day period, don’t get 
married again or buy any proper ty. 
 
What is a Divorce Agreement? 
 
The Divorce Agreement is one of the papers you 
must file to get an agreed divorce.   It tells the 
court what you and your spouse agreed about 
alimony.   It says  how you will divide your money, 
property and debts.  
 
Doesn’t t he court divide our property?  
 
No.   In an agreed divorce, the spouses decide 
these things together.   But the court wants to see 
that you divide your property and debts fairly.   
You have to list how 	
all	
   
the property is divided, 
even if you think the property belongs only to one 
of you.   It doesn’t have to be equal.   The court 
may change things if the agreement is not fair  o r 
one spouse will not have enough to live on. 
Do you and your spouse agree about how to 
divide the property fairly?   Then most of the time 
the court will OK your agreement.  
 
Important!  The court may not OK your 
agreement if it is unfair.   
 
Important!   Creditors can try to collect from either 
spouse.   It does not matter if the other spouse 
signed for the debt.   It does not matter if the other 
spouse agreed to pay for a  debt.  If either spouse 
is thinking of filing bankruptcy, talk to a lawyer.   It 
may cause problems for the other spouse.   If you  
have a mortgage together,  you cannot use these 
forms. 
 
What if my spouse and I can’t agree on 
everything in the Divorce Agreement? 
 
A mediator is someone who helps people agree.   
The mediator meets with you and your spouse  to 
try to help you and your spouse find an 
agreement that is ok for both of you.   
 
Note:  Are you a victim of domestic violence?   
Then you don’t have to meet the mediator with 
your spouse.  You and your spouse can have 
separate meetings.   
 
What if the mediator can’t help us agree? 
Then you can’t use this packet.   Talk to a lawyer 
about filing a regular divorce.   
What if my spouse will not sign the Divorce 
Agreement? 
 
 
Then you can’t get an agreed divorce.   Don’t use 
this packet.  
 
Will the court decide on alimony? 
 
No.   In an agreed divorce, the spouses decide on 
alimony.   Alimony is money that one spouse pays 
the other for support.   Y ou must say how much it 
will be and how long it will be paid.   This goes in 
your Divorce Agreement.  
 
For example, some spouses decide that alimony 
will be paid until:  
•   The paying spouse remarries or files for  
  bankruptcy , or  
•   The supported spouse remarries , or  
•   The supported spouse finishes school , or   
•   One of the spouses dies. 
 
Alimony may make a difference in your taxes.   
Talk to a tax expert before you sign the Divorce 
Agreement.    
 
What if we can’t agree on alimony? 
 
Then you can’t get an agreed divorce.   Don’t  use 
this packet.   Is alimony important?   Or is there a 
big difference in salaries?   Then talk to a lawyer.  
You and your spouse may:  
•   Talk to a mediator, who may be able to help 
  you agree, or  
•   Talk to a lawyer , or  
•   File a regular divorce.  
 
How do we divide retirement funds? 
 
Sometimes the funds stay with the spouse who 
earned them.   Sometimes they are divided.   Do 
you or your spouse have retirement funds?   Then 
you need to talk to a lawyer and cannot use these 
forms. 
 
Should I talk to a lawyer about the  Divorce 
Agreement? 
 
Yes!   Talk to a lawyer about your property, debt, 
retirement funds, and alimony.   Some lawyers will 
help with just the Divorce Agreement.   You do the 
rest of the case on your own.