New Forms Available for Uncontested Divorce for Parents in Tennessee

At the end of October 2016, the Tennessee Supreme Court released a new set of forms that will allow parents who want to file for uncontested divorce to do so. Prior to the release of these forms, if a married couple had children or owned property together, they were ineligible to use the uncontested option for divorce.

The Access to Justice Commission was responsible under the Supreme Court Rule 50 to reduce the barriers to justice for those people whose needs may not be met by legal aid programs. (Divorce help is not available through federally funded legal aid attorneys.) The forms sue plain language, and include instructions so that couples who might be representing themselves could easily understand and follow the instructions without relying on legal representation.

According to TheChattanoogan.com, these new forms are designed to help spouses who fulfill these requirements:

• “Agree on all the aspects of their divorce, including child support
• Have minor children together
• Do not own any real property (land, house, etc.)
• Do not have any retirement accounts”

This has been a long time coming

Back in 2013, a publication by the Tennessee Supreme Court Access to Justice Commission pointed out “Many authorities now recognize, as does the Tennessee Supreme Court, that for a judge to do nothing to address the needs or problems faced by self-represented litigants actually advances injustice and contributes to the loss of respect for the judicial system by a substantial portion of the public.” One of the recommendations that came out of the task force’s study was the development of universal divorce forms for uncontested divorce, and the members of the task force assisted in the development of those forms.

These new uncontested divorce forms complement existing divorce forms and instructions. Justice Cornelia Clark, Supreme Court liaison to the Commission, said “These forms and instructions will provide a much-needed resource to some of our most vulnerable citizens. They are a way for those who don’t qualify for free legal help to access our court system and better understand the legal process for their divorce.”

Now, if a married couple who has children can sit down and discuss the terms of their divorce and come to a mutual agreement on their own, they can save themselves a lot of time, money and the frustration of enduring a public divorce trial by following the instructions completing the forms, filing the required documents and waiting for their final divorce hearing where the judge will ask questions about the forms and if everything is in order, sign the Divorce Order. After the judge issues the final Divorce Order, each party has 30 days to appeal and then the divorce is final.

At the Law Offices of LaFevor & Slaughter, we are here to protect your interests and guide you through the adversarial process of divorce. Even in an uncontested divorce you might still want the advice of a Knoxville family law attorney who will be a strong advocate and protect your rights. Please give us a call at 865-637-6258 or you can fill out our contact form to schedule a consultation to discuss your case with an experienced Knoxville divorce lawyer today.