Frequently Asked Questions
Do I have to go to court?
Yes. If your divorce is on the basis of irreconcilable differences (uncontested), you and your spouse must agree to a marital dissolution agreement (addressing division of assets and liabilities) and a parenting plan (if minor children). The party filing the complaint for divorce will be required to appear in court for approval of the Final Decree of Divorce. If you proceed on contested grounds for a divorce, both parties will have to appear in court with two witnesses that can corroborate your grounds for divorce.
What is a complaint and do I have to respond to the complaint when served?
A divorce begins with the filing of the complaint which notifies the court and your spouse, when served, that you want to end your marriage. The complaint addresses issues such as the primary custodial parent, child support, spousal support, property division and attorney fees. The opposing spouse has thirty (30) days once served with the Complaint to file an answer or a default judgment maybe entered granting a divorce in favor of the plaintiff.
What is discovery?
Each spouse is entitled to information from the other spouse about the case. Your attorney will serve Interrogatories and Request for Production of Documents on your spouse. Interrogatories are written questions to your spouse which require answers under oath. Request for production of documents requires your spouse to produce certain documents relevant to the case. A deposition is where your spouse or a spouse's expert is required to answer questions posed by an attorney under oath while a court reporter records what is being said and then prepares a transcript of the proceeding.
What is mediation and do I have to attend mediation?
In Tennessee, mediation is required if the parties have minor children. The parties will meet usually with their attorney at the mediator's office. Depending upon the mediator, each side may make an opening statement through their attorney laying out their positions. Afterwards, each side will break off into separate rooms to discuss the case with the mediator. The mediator is an independent third party that listens to both sides of the case and attempts to negotiate a settlement. Mediation is not binding and no one can force you to settle the case. However, mediation can be very persuasive because the parties will hear how the judge may rule based upon the perception of the mediator if the case went to trial.
How do we set child support, visitation and spousal support if the parties cannot agree?
Either party can ask the court to make a temporary order (pendente lite order) to set the rules for the case while it is pending. The temporary orders may include child support, visitation, spousal support, who pays certain debts and restrain any inappropriate conduct.
Am I responsible for debts which my spouse incurred before the marriage?
No. You are not responsible for any debt your spouse incurred before the marriage nor are you responsible for the repayment of the debt.
If I was only an authorized user of a credit card, I am responsible for the debt?
A spouse which is only an authorized user of a credit card is ordinarily not liable for any debts where the spouse has not signed the credit application unless the credit was used for furnishing necessaries or the charges were incurred by the authorized user.
Who is responsible for debts incurred during the marriage?
Debts which are incurred during the marriage are normally shared equally. If there is debt associated with a particular item of property, the spouse receiving the property is generally responsible for the debt associated with that property.