Misty D. Parks Owner/Partner Milazo Law, P.C.             
200 Ninth Ave. S. Franklin, TN 37064   Initial Consultation Free (615) 255~9155

Uncontested Divorce

Columbia, TN | Franklin, TN Uncontested Divorce Attorney

Uncontested Divorce or Irreconcilable Differences Divorce

     Tennessee is a fault state for purposes of obtaining a divorce.  This means that a ground must exist for the divorce.  In an Irreconcilable Differences divorce, commonly referred to as an Uncontested Divorce the parties must agree on a property settlement and a custody and visitation schedule regarding any minor children.  First, a Complaint for Divorce is filed alleging Irreconcilable Differences.  Each county has a different filing fee, for Williamson County click here for a list of fees, for Maury County click here for a list of fees.  The parties will then execute a Marital Dissolution  Agreement, which divides all real and personal property as well as debts of the parties.  If there are minor children of the marriage then a Permanent Parenting Plan allocating custody and a visitation schedule and child support will also need to be executed by both parties.  The Marital Dissolution Agreement and Permanent Parenting Plan are then filed with the Court and a Final Hearing date can be scheduled.  In Tennessee there is a statutory waiting period of 60 days if there are no children and 90 days if there are children, such that even if both parties are in agreement, you cannot obtain a divorce before either 60 or 90 days have passed since the Complaint for Divorce was filed.

    Sometimes parties may have discussed their situation and for the most part be in agreement as to what they think will be a fair resolution for their family without turning a divorce into a court battle.  Misty D. Parks in Spring Hill, TN is an experienced attorney at helping individuals to amicably resolve the  issues that must be addressed in a divorce.  Not all divorces need to be handled aggressively and by litigation, sometimes that can only add to the emotional strain of a divorce.  On the other hand, sometimes, an individual may believe that the divorce will be uncontested as there are little assets but the other spouse attempts to delay the divorce forcing a person to then become involved in a Contested Divorce

If you have an agreement why do you need an attorney?

    Even though you and your spouse may be in agreement as to all issues in the divorce, an attorney that is experienced in drafting Marital Dissolution Agreements and Permanent Parenting Plans, such as Ms. Parks, will be essential to correctly entering your divorce.  An effective divorce lawyer will save the client money in that many post-divorce issues can be easily avoided by having an attorney knowledgeable in the law, procedural requirements, and problems that can possibly arise down the road. 

   Did you know that:
     1.  The court may not accept your agreement if it is legally or technically deficient.
     2.  Online forms used for divorce, are typically not specific to the jurisdiction in which you will need to file and may not meet your courts requirements.
     3.  Flat fee attorneys will simply draft what you ask without taking the time to discuss potential pitfalls and advise you of consequences of your agreement, thereby creating the potential for future expensive litigation.
    4.  Your agreement becomes an Order of the Court when your divorce is final so that if you are not able to perform your responsibilities under the agreement you can be subject to Contempt of Court charges including incarceration; so before you sign an agreement you need to be sure that you can fulfill your obligation.

     It is important to provide for an agreement that not only will deal with immediate issues but that will also be workable in the future for both parties.  Contact Ms. Parks an experienced divorce attorney located in Maury County, TN for your free initial consultation to discuss your uncontested divorce and protect your future.

Serving Clients in:  Franklin, TN; Brentwood, TN; Fairview, TN; Williamson County, TN; Maury County, TN; Columbia, TN; Spring Hill, TN; Mt. Pleasant, TN; Marshall County, TN; Lewisburg, TN; Lawrence County, TN; Lawrenceburg, TN; Pulaski, TN; Giles County, TN; Nashville, TN; Davidson County, TN; Rutherford County, TN; Murfreesboro, TN; Smyrna, TN; Montgomery County, TN; Clarksville, TN; Madison, TN; Wilson County, TN; Lebanon, TN; Bedford County, TN; Shelbyville, TN;  and surrounding Middle Tennessee Area.

By Misty D. Parks