What to Expect in the First 60-90 Days of Your Filing
For many, the hardest part of a divorce isn’t the paperwork, it’s the waiting. Tennessee law has built-in “cooling off” periods and residency requirements designed to ensure that the state has the proper jurisdiction and that couples have time to reflect before a final decree is signed. Fortunately for clients, initiating the case by filing a Complaint for Divorce also triggers or initiates the countdown for this cooling-off period.
The Six-Month Residency Rule
To file for divorce in a Nashville court, at least one spouse must have been a resident of Tennessee for six months immediately preceding the filing. This prevents people from “forum shopping” or moving to the state just to take advantage of specific laws. If you’ve just moved to Davidson County, we can help you determine exactly when you become eligible to file. The one exception to this is, if you move to Tennessee and grounds for divorce take place in Tennessee before that 6-month time period ends, you can file in Tennessee.
The Mandatory Waiting Period
Once your complaint is filed, the clock starts ticking. Tennessee law mandates a minimum waiting period before the court can grant a final divorce:
- 60 Days: For couples with no minor children
- 90 Days: For couples with minor children
This time is often used for discovery (exchanging financial documents), mediation, and drafting the final Marital Dissolution Agreement. Even in the most “friendly” uncontested divorces, you cannot bypass these statutory limits.
How Rogers, Shea & Spanos Can Help
The “waiting period” shouldn’t be “wasted time.” Our family law attorneys in Nashville use this window to strategically and sometimes aggressively prepare your case depending on your individual needs. We handle the complex filing requirements in the Davidson County Circuit Court, ensuring that no procedural errors delay your progress. By the time the 60 or 90 days are up, our goal is to have done everything in our control move your case along as timely and quickly as possible to help move you towards finality so you can begin your next chapter without delay.