Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Nashville, TN asked in Divorce, Real Estate Law and Family Law for Tennessee

Q: How long will it take to finalize a divorce in TN after 40 years of marriage without children, involving shared assets, with an uncontested divorce?

I have been married for 40 years with no children, and I am ready to move on. I want to get a divorce, and we are currently buying a home along with other assets. My divorce will not be contested. How long will it take to finalize the divorce?

3 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Minimum of sixty days to be final. It could be quicker but would not be certain, and apparently there are assets at risk.

A: As long as you two have sorted out how you all are going to distribute the assets, personal property and marital property and there is no push back from either side then it will be a simple process. Pursuant to Tennessee law, starting from the day that the Complaint is filed, the waiting period begins, which is sixty (60) days. Once the 60 days has passed then the judge will enter the final decree for divorce. There also needs to be a Marital Dissolution Agreement filed or presented to the court as well.

I highly recommend hiring an attorney to make sure you have all the documents you need to ensure the process goes smoothly.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Tennessee, if your divorce is uncontested and there are no minor children, the court requires a mandatory 60-day waiting period from the date the complaint is filed before the divorce can be finalized. This waiting period is designed to give both parties time to reflect, but once it passes, the process can move quickly—often within a few weeks—if all documents are in order and the judge’s schedule allows. So in total, you're looking at a minimum of about two to three months, assuming there are no delays.

Because you’ve been married for 40 years and have shared assets, the division of property—including the home you're buying—will need to be clearly spelled out in a marital dissolution agreement. As long as you and your spouse fully agree on how to divide everything and submit the correct paperwork, the court generally respects your terms. Any mistake in the documents, however, can cause delays, so careful preparation is key.

Once the agreement is signed, filed, and the waiting period has passed, the court will schedule a final hearing or approve the divorce on the paperwork alone, depending on the county. The court is not interested in prolonging a peaceful separation. If you’re both on the same page and act promptly, you can bring this chapter to a close with dignity and clarity in just a few months.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.