The Hall Law Firm, PLC
555 Perkins Ext., Suite 455
Memphis, TN 38117
(901) 754-5150

Divorce

The absolute divorce is only one part of the process. It is merely the judicial proclamation that ends your marriage. The complexity of a domestic case arises in deciding other issues such as child custody, child support, division of property, and alimony. These issues are resolved either through negotiation or through a court process.

What steps are involved in obtaining a divorce?

A divorce by itself (without contested issues of child support, child custody, property division and alimony) is not terribly complicated.  You or your lawyer file a divorce complaint with the clerk of the proper court. The complaint must then be delivered (or “served”) to your spouse, either in person or by certified mail.

If you and your spouse can reach a settlement agreement, then the agreement is filed with the Court.  You and your attorney can appear in court after a specified period of time after filing and service of the Complaint and obtain a divorce. 

Once an order is signed by the judge or chancellor, your divorce is final, and you may remarry if you so desire.

You should be aware that the absolute divorce is only one part of the process. It is merely the judicial proclamation that ends your marriage. The complexity of a domestic case arises in deciding other issues such as child custody, child support, division of property, and alimony. These issues are resolved either through negotiation or through a court process.

When can I file for absolute divorce?

The divorce complaint can be filed at any time after the marriage. The complaint must be verified, or signed by Oath, to verify that the statements it contains are true. Where verification is not made or is improperly made, the court lacks jurisdiction to grant a divorce. For a complaint for divorce to be valid, it must be properly verified at the time it is filed.

What if my spouse does not want the divorce?

Generally, you may obtain a divorce whether or not your spouse wants to be divorced if you are able to prove grounds exist for the divorce.  “Grounds” for divorce are defined by statute and include irreconcilable differences between the parties.

Will I have to go to court?

If a settlement agreement or “Marital Dissolution Agreement” (as well as a Permanent Parenting Plan where applicable) has been entered by the parties, the divorce can proceed to final hearing as uncontested.  A Final Decree of Absolute Divorce can then be entered by the Court upon a plaintiff’s appearance and giving in-person testimony in support of the settlement agreement and/or parenting plan. 

If the divorce remains unsettled, a trial will be held on the merits of each party’s allegations.  Sworn testimony of the parties and their witnesses will be presented at the trial, and evidence will be entered before the Court.  The Court will then enter a Final Decree upon determination of all disputed issues.

Two good ways to stay out of court are mediation and collaboration.

Contact the Law Office of Karen B. Hall