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Before filing for divorce, the parties involved must have an understanding of the legal separation process in Chattanooga with the help of an experienced attorney. Especially when children are involved, the divorce process can be difficult to navigate alone. With the help of an experienced Chattanooga attorney, you can ensure you are following the requirements to file your divorce and better help your case during the separation process.
The filing party does not have to prove anything to start the divorce process. They need only to desire a divorce, make certain allegations that their spouse is guilty of conduct that would allow them to be granted a divorce (which does not need to be proven at the outset), and have their attorney file the proper paperwork, including the complaint for divorce and a proposed parenting plan, if they have children.
The filing party, with the help of a skilled family law attorney, must then present the proper paperwork to the court and have it served upon the other party. The other party must have the documents physically handed to them, which may be done by a private process server to expedite the process.
Pursuant to Tennessee law, the parties to a divorce must also have been residents of the state for at least six months prior to filing for divorce in Chattanooga. However, the residency requirement to file for divorce in the state could be circumvented if one of the parties has lived in Tennessee for at least six months or if the parties separated in Tennessee but had not both lived there for at least six months.
Local laws require a waiting period between the scheduling of a court hearing and a final judgment. For divorces without children, the case must have been on file for 60 days before the court will schedule a final hearing. In the event that there are children involved, there is a waiting period of 90 days. From the time that the couple filed for divorce, they must wait at least 90 days before the court will give them a court date.
Couples without children who seek a divorce must have their assets and debts fairly and equitably divided either by agreement or by a judge. In the event that a couple with children divorces, they must submit a parenting plan to the court that has either been agreed upon or made by a judge, and the court and the parties must agree that the plan to be in the best interest of the child or children.
Experienced Chattanooga lawyers could help you fulfill the requirements for divorce with practical knowledge of the law and local practices. They know what facts are important to judges, particularly in the context of divorce with children. Having someone who is experienced in this area can benefit couples greatly when going through the divorce process. Rather than going through the process alone, call today to schedule a consultation.