The decision to end a marriage is never easy, and once that choice is made, the most common question our Franklin, TN divorce attorneys hear is: “How long is this going to take?” While every family’s situation in Franklin, Williamson County is unique, the timeline for any Tennessee divorce is dictated by a combination of state statutes, the complexity of your marital estate, and the level of cooperation between you and your spouse.
In Williamson County, the court system is efficient, but it must still follow the mandatory “cooling off” periods and procedural requirements set by Tennessee law. Understanding these phases can help you manage expectations and prepare for the road ahead.
The Mandatory Waiting Periods
Tennessee law recognizes that divorce is a life-altering event and imposes mandatory waiting periods before a judge can sign a final decree. Even if you and your spouse agree on every single detail the day you file, your divorce cannot bypass these statutory requirements that must take place before your divorce can be filed.
- For couples without minor children: You must wait at least 60 days from the date the complaint is filed.
- For couples with minor children: The waiting period extends to 90 days.
These periods cannot be waived; however, it is not lost time. During this time, however, your legal team can be highly productive, drafting the necessary Marital Dissolution Agreement (MDA) and, if applicable, a Permanent Parenting Plan.
Uncontested vs. Contested Timelines
The biggest factor in determining the length of your divorce is whether it is “uncontested” or “contested.”
Uncontested Divorce (3 to 6 Months)
In an uncontested divorce (often referred to as an “agreed divorce”), both spouses reach a total agreement on all issues, including alimony, child support, and the equitable distribution of assets and debts. If your paperwork is filed correctly and you meet the 60 or 90-day waiting period, your divorce could be finalized shortly after the clock runs out. In Franklin, this typically results in a total timeline of three to six months.
Contested Divorce (6 Months to 2 Years)
A contested divorce occurs when there is a disagreement on even one issue. This triggers a much longer process involving several phases:
- Service and Answer: Once filed, the other spouse has 30 days to respond.
- Discovery: This is the formal exchange of information. It can take months as both sides gather bank statements, real estate appraisals, and business valuations.
- Mediation: In Williamson County, judges almost always require mediation before a trial date is set. This is a structured negotiation led by a neutral third party.
- Trial: If mediation fails, you must wait for a date on the court’s docket. Due to the schedule of the Williamson County Chancery or Circuit Courts, it can take significant time to secure a multi-day trial slot.
New Local Rules Help with this Timeline
The Williamson County Courts have put a new local rule into effect that places an automatic 12 month scheduling order on new cases that are filed, in order to help move cases more efficiently through the Court system. There are still factors that could delay this, purely from a timing standpoint, but this scheduling order will assist in moving straightforward matters to conclusion more effectively.
Factors That Can Delay Your Case in Williamson County
While we strive for efficiency, certain complexities can naturally extend the duration of a case. Franklin is home to many high-net-worth individuals, and complex financial structures require meticulous attention. While no delay is desired, cases do need to have their facts and/ or evidence adequately and properly prepared not just for trial, but also for settlement. Some of these factors include:
- Business Valuations: If one or both spouses own a business, hiring forensic accountants to determine the fair market value can add months to the discovery phase.
- Child Custody Disputes: When parents cannot agree on a parenting schedule, the court may appoint a Guardian ad Litem or order a custody evaluation, a process that can take six months or more.
- Hidden Assets: If there is a suspicion that assets are being concealed, the legal process slows down significantly as your attorney works to uncover the truth through subpoenas and financial audits.
- Court Dockets: The availability of judges in the 21st Judicial District (which includes Williamson County) fluctuates. A backlog in cases or a lengthy preceding trial can push your dates back.
How Rogers, Shea & Spanos Can Help
Navigating the legal requirements of Franklin and Williamson County requires a steady hand and a deep understanding of local court procedures. At Rogers, Shea & Spanos, we focus on streamlining the process wherever possible while ensuring your long-term interests are never sacrificed for the sake of speed.
Our firm assists you by:
- Proactive Planning: We help you gather documentation early to avoid delays during the discovery phase and push to obtain documentation that you are entitled to from your spouse.
- Skilled Negotiation: Our attorneys are veteran negotiators who aim to resolve disputes in mediation, which can save you a year or more of litigation.
- Meticulous Drafting: Mistakes in a Permanent Parenting Plan or Marital Dissolution Agreement can lead to the court rejecting your filing and requiring documentation be redrafted, signed again, and resubmitted. We ensure your documents meet all Tennessee statutory requirements the first time.
- Strategic Advocacy: If a trial is unavoidable, we provide the rigorous representation needed to move your case through the court system as effectively as possible.
Moving Toward Your Future
The end of a marriage is the beginning of a new chapter. While the “how long” is a valid concern, the “how well” is equally important. Rushing through a divorce can lead to overlooked assets or poorly constructed parenting plans that cause friction for years to come. Our goal is to get you through the process efficiently, but more importantly, to get you through it with a settlement that provides a solid foundation for your future and ensuring the entire marital estate is accounted for in the final order, whether settled or obtained after a trial.