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Tennessee Divorce Self-Help Center

GENERAL INFORMATION
- How does DivorceWriter work?
- How do I make changes to my documents after receiving my self-prepared DivorceWriter package?
- How long will it take to receive my documents?
- Can I make changes to my documents after I receive them?
- What is the online interview?
- I want to use DivorceWriter to prepare my own divorce documents. What do I do next?
- What happens after I receive my DivorceWriter documents?
- Are court filing fees included in the fee?
- How much does DivorceWriter cost?
- Are DivorceWriter documents legal?
- Will DivorceWriter documents work in my state and/or in my situation?
- Does DivorceWriter provide documents for annulments?
- Will DivorceWriter work in my state?
- What is included in my DivorceWriter package?
- What do I do after I receive my documents?
- Why is DivorceWriter the best?
- How does DivorceWriter work?
- How much does DivorceWriter cost?
- How do I change my password?
- How do I make changes to my existing DivorceWriter account?
- Why is DivorceWriter the best?
- Can I use DivorceWriter in my state?
- I finished the online interview. How long will it take to receive my documents?
- What if I need additional documents that were not included in my DivorceWriter package?
- Will my documents be completed or will I have to fill them out myself when I receive them?
DIVORCE FILING PROCEDURES
- What are the basic steps to getting a divorce in Tennessee?
- How much is the filing fee in Tennessee?
- What documents are included in the self-prepared Tennessee DivorceWriter package?
- What are the Tennessee residency requirements for filing for divorce?
- What are the signature requirements for the documents I will receive?
- How long does it usually take to finalize a divorce in Tennessee?
- How do I serve my spouse with the divorce papers in Tennessee?
- Where do I file the divorce documents in Tennessee?
- Will either of us be required to attend a court hearing?
- What are the grounds for filing for divorce in Tennessee?
- What is considered to be the date of separation in Tennessee?
- Do any documents require notarization?
- Can the wife change her name back during the divorce?
- Do I have to have my signature notarized on any documents?
- What if my spouse and I don't live in the same state?
- Do I have to divorce in the state where I was married?
- What documents will I receive?
CUSTODY, VISITATION, AND SUPPORT
- What if my spouse and I have agreed to a child support amount that is different from the standard amount?
- What if we already have an existing/prior child support order?
- What are the different types of custody in Tennessee?
- What is the difference between child support and spousal support?
- We have agreed that one spouse will pay spousal support to the other. What are some options?
- We have children. Can I still use DivorceWriter?
- Can we use DivorceWriter if we have children?
- Is spousal support commonly awarded?
- What if we each will have primary physical custody of at least one child?
- Can we specify how we will claim our child(ren) for income tax purposes?
- Do I have to pay income tax on spousal support payments that I receive?
- How is child support calculated in Tennessee?
- Why do I keep getting an error for holidays and special occasions?
- We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible?
DEBTS AND PROPERTY
- We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed?
- What options do we have for our real estate?
- Will we have the option to divide one or more retirement plans?
- Can we divide one or more retirement plans?
- Can we divide/list as many items of personal property as we want?
- Can we divide as many items of personal property as we want?
- Can we divide/list as many debts as we want?
- Do I need to list the legal description of my real estate?
- Can I receive a portion of my spouse's retirement plan even though his/her retirement is several years away?
- We are each going to be liable for a percentage of one or more of our debts. How do we enter the information?
- Do we have to list the property we've agreed to divide?
- Do we have to list the items of property we've agreed to divide?
- Do we have to list the debts we have agreed to divide?
- What if I don't know if I have property to list?
- What if I don't know if I have debts to list?
- Do we have to list the debts we've agreed to divide?
- What if I don't know if I have debts to list?
- What if I don't know if I have property to list?
SPECIAL CIRCUMSTANCES
- What if one spouse is in the military?
- What if one spouse is living in a foreign country?
- What if I have an out of state driver’s license or no license at all?
- What if my spouse and I don't live in the state shown on this page?
- I am not sure my marriage was legal. Do I even need a divorce?
- What if my spouse is in the military?
- How do we get documents notarized in a foreign country?
- I can't find my spouse. Can I still use DivorceWriter?
- What if my spouse is unwilling to sign the divorce documents?
- My spouse is currently incarcerated. What address do I use?
- I received my DivorceWriter package today, but I'm not sure I want to file for divorce right away. How how long are these papers good for?
- My spouse is currently incarcerated. Can we still use DivorceWriter?
ADDITIONAL RESOURCES
- Where can I find the full-text version of the Tennessee divorce statutes online?
- Where can I find additional help?
Ready to Begin now?
GENERAL INFORMATION
How does DivorceWriter work? First, complete the basic pre-purchase portion of the online interview. Then, set up your DivorceWriter account and enter your payment information. Complete the remainder of the online interview, which asks for additional information regarding your property, debts, children (if any), etc., and click on "submit."

Our automated system will transfer the information to forms specific to the state where the divorce will be filed. Your completed self-prepared DivorceWriter package is then printed and shipped to you via priority mail along with written procedures for signing and filing with the Clerk.
How do I make changes to my documents after receiving my self-prepared DivorceWriter package? If you want to make changes to any of your documents after receiving them in the mail, you have two options:
  1. Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
  2. Log into your account and email your documents to yourself using the e-mail button on the review page. Customize as needed and print.
How long will it take to receive my documents? After completing the easy online interview and clicking the "submit" button, your DivorceWriter document package will be shipped to you the next business day via Priority Mail. Depending on your location, Priority Mail may take 3 to 4 business days for delivery.
Can I make changes to my documents after I receive them? Yes. We realize that your circumstances may change after you receive your DivorceWriter package. DivorceWriter offers easy options for making changes and obtaining new documents at NO ADDITIONAL CHARGE. Simply contact our Customer Service by telephone or e-mail.
What is the online interview? In as little as 10-15 minutes, the online interview allows you to enter the information needed to complete your divorce forms, all in the privacy of your own home. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
I want to use DivorceWriter to prepare my own divorce documents. What do I do next? To get started, click on "Start the Process" above. You will be taken to our online interview where, in as little as 10-15 minutes, you can enter the information needed to complete your divorce forms. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
What happens after I receive my DivorceWriter documents? Just follow the step-by-step instructions included with your DivorceWriter package, which provide detailed information on signing your documents as well as important practical tips to help you have a smooth, stress-free filing process.
Are court filing fees included in the fee? The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. Fees can vary from state to state and county to county, but typically range from $100 to $400.
How much does DivorceWriter cost? For only $149, you will receive all of the documents needed to get a divorce in your state. Step-by-step filing instructions for your state are also included at no additional charge.
Are DivorceWriter documents legal? DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction.

DivorceWriter offers a full refund if your documents are not accepted by the Court.
Will DivorceWriter documents work in my state and/or in my situation? DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. DivorceWriter offers a full refund if your documents are not accepted by the Court.
Does DivorceWriter provide documents for annulments? No. DivorceWriter does not currently provide documents for annulments.
Will DivorceWriter work in my state? Each state has its own divorce forms, which tend to vary a lot in appearance and content. DivorceWriter forms are state-specific and designed for acceptance only in the state of filing selected by the customer.
What is included in my DivorceWriter package? Each package contains the completed forms needed to get a divorce in your state, including step-by-step state-specific filing instructions.
What do I do after I receive my documents? Simply follow the step-by-step filing procedures included with your DivorceWriter documents, which include how and when to sign and file all documents as well as important practical procedural information to help you have a smooth, stress-free filing process.
Why is DivorceWriter the best?
Simple and fastDivorceWriter’s™ sophisticated easy to use web site allows you to create divorce documents quickly and easily.
Exceptional valueAt $149 you’ll save substantially over other online offerings which charge up to twice as much.
It’s private and secureDivorceWriter.com is audited and tested daily by HackerSafe™, a leading online security company.
IntegrityPro Se Planning, Inc. has an "A" rating with the Better Business Bureau. Our record is exemplary.
Customer serviceExceptional customer service by phone or e-mail.
How does DivorceWriter work?
  1. Complete the pre-buy portion of the online interview.
  2. After purchase you will have a chance to review your answers and provide any other details such as decisions regarding property and/or any minor children. When you are satisfied, submit your interview for printing.
  3. DivorceWriter will print and mail you your documents and filing instructions. You will be able to login and access your account at any time for up to a year to make any changes if needed.
How much does DivorceWriter cost? The DivorceWriter fee is just $149.
How do I change my password? To change your password you must first log back into your account using the login section in the upper right hand corner of this page. Then on the Review page of your online interview, select the "EDIT" tab next to "Account Email." From here you can update your password.
How do I make changes to my existing DivorceWriter account? If you already have a DivorceWriter account and need to make changes to your online interview responses, you may log in to your account here: www.divorcewriter.com/Home_Login.asp

Why is DivorceWriter the best? For just $149, DivorceWriter offers a quick and easy way to create your own divorce documents, ready-to-sign and file in your state. While other online offerings cost up to twice as much, our 100% money-back guarantee, HackerSafe™ monitoring, and "A" rating with the Better Business Bureau make DivorceWriter a safe choice and a great value.
Can I use DivorceWriter in my state? DivorceWriter offers documents for the following states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, and Wisconsin. If your documents are not accepted in your county (or parish), you get your money back--100% guarantee.
I finished the online interview. How long will it take to receive my documents? DivorceWriter promptly ships your document package to you via Priority Mail the next business day. Priority Mail typically takes 3-4 business days.
What if I need additional documents that were not included in my DivorceWriter package? Contact customer service at info@divorcewriter.com with the name or form number of the the document(s) you need. We have many supplemental documents available that can be emailed to you for immediate printing.
Will my documents be completed or will I have to fill them out myself when I receive them? For the most part, your DivorceWriter documents arrive completed with the information that you provide in the interview, ready to sign and file with your local court. There are some things you will need to write in by hand such as the date that you complete a filing step. Also, some states require that each party fill out a personal financial affidavit/disclosure. If required, these forms will be provided, one for each spouse to complete separately.
Ready to Begin now?
DIVORCE FILING PROCEDURES
What are the basic steps to getting a divorce in Tennessee? 1) Both spouses review and sign divorce documents.
2) One spouse files the documents.
3) Wait 60 days (90 days if the spouses have minor children together). Note: Some Tennessee counties require the spouse that filed for divorce to attend a brief hearing, usually 15 minutes or less.
4) The filing spouse attends a final hearing, after which the Judge finalizes the divorce.
How much is the filing fee in Tennessee? The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Tennessee is typically $150.00-$350.00.
What documents are included in the self-prepared Tennessee DivorceWriter package? In addition to Tennessee filing procedures, your self-prepared Tennessee DivorceWriter package will include:
  • Civil Case Cover Sheet Form 10
  • Complaint for Divorce Form 100
  • Marital Dissolution Agreement Form 400
  • Final Decree Form 411
Customers with minor and/or legally dependent children will also receive:
  • Permanent Parenting Plan Form 145
  • Child Support Worksheet
  • Title IV-D Information Form 415 (if one parent is receiving assistance from the State of Tennessee)
  • Wage Assignment Order Form 340 (if the Permanent Parenting Plan provides for this form of payment of child support)
What are the Tennessee residency requirements for filing for divorce? A divorce may be granted in Tennessee if the cause for the divorce (ex. irreconcilable differences) occurred while the Plaintiff was a resident of Tennessee. Additionally, a divorce may be granted in Tennessee even if the cause for the divorce occurred outside of Tennessee and even if the Plaintiff resided outside of Tennessee at the time, as long as either the Plaintiff or the Defendant is a resident of Tennesee for a period of six (6) months before the divorce is filed. Tennessee Code Annotated 36-4-104(a).

A divorce may be filed in the Circuit Court in the county where the parties resided together at the time of their separation, or in the county where the Defendant resides if the Defendant is a resident of Tennessee. However, if the Defendant is not a resident of Tennessee or is incarcerated, then the divorce can be filed in the county where the Plaintiff resides. Tennessee Code Annotated 36-4-105(a).
What are the signature requirements for the documents I will receive? The state-specific filing procedures included in the DivorceWriter package indicate which documents need to be signed and which documents, if any, require notarization. Some documents will require the signatures of both spouses. When notarization is required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
How long does it usually take to finalize a divorce in Tennessee? A Complaint for Divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before the final divorce hearing if the parties have no unmarried child under eighteen (18) years of age and for ninety (90) days before the final divorce hearing if the parties have an unmarried child under eighteen (18) years of age. Tennessee Code Annotated 36-4-103(c)(1).
How do I serve my spouse with the divorce papers in Tennessee? In place of formal service of process, the Defendant may enter into a written notarized Marital Dissolution Agreement with Plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint.

Such waiver of service shall only be valid for a period of one hundred eighty (180) days from the date the last party signs the Marital Settlement Agreement.Tennessee Code Annotated 36-4-103(a)(2).
Where do I file the divorce documents in Tennessee? In Tennessee, divorces are filed at the Circuit Court Clerk's office.
Will either of us be required to attend a court hearing? The spouse who files for divorce must attend a hearing in order to have the divorce finalized. The presence of the non-filing spouse is not required at the hearing.
What are the grounds for filing for divorce in Tennessee? While there are several fault-based grounds for divorce in Tennessee, irreconcilable differences is considered the "no-fault" grounds for divorce. Tennessee Code Annotated 36-4-101(14).

For additional information on grounds for divorce in Tennessee, see Tennessee Code Annotated 36-4-101.
What is considered to be the date of separation in Tennessee? The term "separation date" sometimes refers to the date when the spouses stopped living at the same residence. However, in instances where the spouses continue to live at the same residence, the separation date may refer to the date that the spouses decided to end their marriage, which may be today's date if the decision was made today.

A separation date is required to complete your documents.
Do any documents require notarization? The filing instructions included with your DivorceWriter package will provide additional information if any documents require notarization.
Can the wife change her name back during the divorce? Yes, the wife may restore her name to the name she had before the marriage took place. If a name change is desired, the necessary information will be requested in the Additional Details portion of the DivorceWriter online interview.
Do I have to have my signature notarized on any documents? The state-specific filing instructions you will receive with your DivorceWriter package indicate when and where to sign documents and which documents, if any, require notarization. If notarization is ever required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
What if my spouse and I don't live in the same state? As long as one spouse meets the residency requirements for the state where the divorce will be filed, it does not matter that the other spouse lives in a different state.
Do I have to divorce in the state where I was married? No. You can divorce in any state where you or your spouse meet the divorce residency requirements.
What documents will I receive? Each DivorceWriter package includes all of the documents needed to obtain a divorce in your state, ready to sign and file. You will also receive easy to understand, step-by-step instructions for filing for divorce in your state.
Ready to Begin now?
CUSTODY, VISITATION, AND SUPPORT
What if my spouse and I have agreed to a child support amount that is different from the standard amount? DivorceWriter shows you the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount.

When ordering a deviation from the presumptive amount of child support established by the Guidelines, at a minimum it is necessary that: (1) using the Guideline amount would be unjust or inappropriate and (2) the best interests of the child for whom support is being determined will be served by deviating from the child support amount under the Guidelines.
What if we already have an existing/prior child support order? Customers who already have a child support order issued by a Court have the option to enter that information in this portion of the interview. In order to list a prior support order, the customer can do the following:
  • Select “no” to using the payment calculation;
  • Enter the existing support amount in the space provided for monthly payment amount; and
  • Enter the following as the reason for deviating from the state calculation: There is a prior child support order under Case No. (enter case number) that was issued by (enter court name) on (enter date of order).
Note that the information will be transferred to the applicable documents exactly as it is entered by the customer. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Settlement Agreement (sometimes called a Separation Agreement) that you will file with the Court later in the divorce process.
What are the different types of custody in Tennessee? In Tennessee, "physical custody" refers to the physical care and supervision of a child. Physical custody can be joint or sole. In a joint physical custody situation, the parents often spend about the same amount of time with the child(ren) each week. However, parents can also choose joint physical custody while designating one parent as the primary residential parent. With sole physical custody, the non-custodial parent can exercise visitation/parenting time, if desired.

"Legal custody" refers to parental rights and responsibilities in making decisions regarding the child. In Tennessee, there are two types of legal custody: (1) joint/shared and (2) sole. With joint/shared legal custody, both parents retain full parental rights and responsibilities and confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly. With sole legal custody, one parent makes decisions regarding the minor child(ren) and the other parent usually, though not always, exercises some type of parenting/visitation.

What is the difference between child support and spousal support? Spousal support is paid to one spouse by the other for the support and care of the receiving spouse. Child support, on the other hand, is paid to one parent by the other for the support and care of dependent children
We have agreed that one spouse will pay spousal support to the other. What are some options? Two common ways for one spouse to receive spousal support payments from the other are (1) monthly payments for a set duration or (2) a one-time lump sum payment.
We have children. Can I still use DivorceWriter? Yes, you can use DivorceWriter to create your divorce forms even if you have children. The online interview includes tools for creating a Parenting Plan and requesting child support if needed.
Can we use DivorceWriter if we have children? Even couples with minor children can prepare their own documents using DivorceWriter.
Is spousal support commonly awarded? Less than 10% of DivorceWriter customers choose to include spousal support in their divorces.
What if we each will have primary physical custody of at least one child? DivorceWriter can accommodate split custody situations by allowing customers to select joint legal and physical custody. Then, in the box(es) provided, the customer indicates with which child(ren) the mother will have more actual parenting time and with which child(ren) the one father with have more actual parenting time. If you need further customization, DivorceWriter will provide you with a copy of your settlement agreement and/or parenting plan in Word format so that you can edit those documents further to meet the needs of your situation.

If necessary, you can also deviate to a child support amount that is different from the guideline amount. More information on child support is available in the Help Topics located in the child support portion of this online interview.
Can we specify how we will claim our child(ren) for income tax purposes? The DivorceWriter online interview allows you to designate which spouse will claim your minor children as dependents for purposes of federal and state income tax.
Do I have to pay income tax on spousal support payments that I receive? For federal income tax purposes, spousal support is commonly considered taxable income for the receiving spouse and is also tax-deductible for the spouse that pays it. However, when a written provision is included in a settlement agreement stating that the payments are not included in the gross income of the recipient spouse nor deductible from the income of the payor spouse, you are often able to avoid any federal income tax consequences for either party.

If you have any questions regarding the tax consequences of spousal support, you may wish to contact an attorney. More information is also available at: www.irs.com

Child support is NEVER taxable income to the parent that receives it nor is it ever tax-deductible for the party that pays it.
How is child support calculated in Tennessee? Based on the information provided by the customer when completing the Tennessee online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Tennessee Child Support Guidelines for additional information on child support calculation in Tennessee.
Why do I keep getting an error for holidays and special occasions? For each holiday you must mark "Wife" or "Husband."  In addition you must also mark "Even," "Odd" or "Every" to specify which years the selected parent will spend with the child(ren) for each individual holiday.

Examples:
  • Christmas Day:  If you select "Wife" and "Even" then the child(ren) will spend Christmas Day with the wife on the even numbered years.
  • Father's Day:  If you select "Husband" and "Every" then the child(ren) will spend every Father's Day with the husband.
We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible? The DivorceWriter online interview, which you completed previously, was designed to accommodate the most common parenting time (visitation) arrangements. However, if those options did not meet your needs or, if you and your spouse do not wish to specify any parenting plan at all, DivorceWriter will e-mail your documents to you upon request at no additional charge in Word format so that you can customize the parenting time portions yourself.

DivorceWriter customer service cannot assist you in customizing your documents. If you have any legal questions on customizing your divorce papers, you may need to contact a lawyer licensed to practice law in the applicable jurisdiction.
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DEBTS AND PROPERTY
We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed? Generally, if you want to transfer jointly held real estate into the name of only one spouse, or if one spouse has real estate that is being transferred into the name of the other spouse, you will need to execute a Quit Claim Deed. Then, the Quit Claim Deed is filed, or recorded, with the County Clerk (Parish Clerk) or Register of Deeds.

DivorceWriter cannot provide Quit Claim Deeds. If you have any questions about real estate transfers or about Quit Claim Deeds, you may need to contact an attorney.
What options do we have for our real estate? The DivorceWriter provides an array of options for disposing of your real estate, including:
  • Designating responsibility for any mortgage(s) and other liabilities related to the property;
  • Buying-out your spouse with a cash settlement;
  • Designating one spouse to be responsible for the sale or share the responsibility equally;
  • Assigning a set number of months to complete the sale of property;
  • Listing one spouse as the receipient of the proceeds of the sale or assign a set percentage of proceeds, if any, to each spouse;
  • Designating one spouse to pay the monthly mortgage, taxes, and repairs pending sale or share the responsibility for these expenses equally.
Will we have the option to divide one or more retirement plans? The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.

DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
Can we divide one or more retirement plans? The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.

DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
Can we divide/list as many items of personal property as we want? Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed. Spouses who have agreed to split one or more pieces of personal property can make a new entry for each spouse for each item to be divided, and then indicate the exact percentage that each spouse will receive.
Can we divide as many items of personal property as we want? Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed.
Can we divide/list as many debts as we want? Choose to list all, some, or no debts. The customer decides which debts, if any, to list, although some courts require debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
Do I need to list the legal description of my real estate? It is generally sufficient to just list the physical address of the property (street, city, state, zip), but some customers also list the legal description, which can be found on the deed and/or mortgage documents.
Can I receive a portion of my spouse's retirement plan even though his/her retirement is several years away? The most common way for one spouse to secure the right to a portion of the other spouse's retirement plan upon his/her retirement is through a Qualified Domestic Relations Order, or QDRO. To obtain a QDRO, contact your spouse's human resources or personnel office who will be able to put you in contact with the retirement plan administrator. Commonly, the plan administrator will provide you with a standard QDRO to complete and file with the Court.

DivorceWriter cannot provide you with a QDRO. Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
We are each going to be liable for a percentage of one or more of our debts. How do we enter the information? If you are each going to be responsible for a percentage of a debt, make one entry for each spouse for each individual debt to be divided and indicate the percentage of responsibility for each spouse. Many judges will reject settlement agreements that do not contain the last four digits of an account number so you may wish to enter that information here as well.
Do we have to list the property we've agreed to divide? About 50% of DivorceWriter customers list property in the online interview. The property listed will appear on the settlement agreement that is included with your DivorceWriter document package. If no property is listed, the settlement agreement will indicate that there is no property to be divided.
Do we have to list the items of property we've agreed to divide? About 50% of DivorceWriter customers choose to list one or more items of property.
Do we have to list the debts we have agreed to divide? About 30% of DivorceWriter customers list debts. The debts listed will appear on the settlement agreement that is included with your DivorceWriter document package. If no debts are listed, the settlement agreement will indicate that there are no debts to be divided.

The customer decides which debts, if any, to list, although Courts commonly expect debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
What if I don't know if I have property to list? If you need to add or remove property after receiving your documents, you have two options:
  1. Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
  2. Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
What if I don't know if I have debts to list? If you need to add or remove debts after receiving your documents, you have two options:
  1. Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
  2. Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
Do we have to list the debts we've agreed to divide? About 30% of DivorceWriter customers choose to list one or more debts.
What if I don't know if I have debts to list? If you aren't sure whether you need to list any debts, select "yes" so that you have an opportunity to reconsider this decision in the "Additional Details" portion of the interview.
What if I don't know if I have property to list? If you aren't sure whether you need to list any property, select "yes" so that you have an opportunity to reconsider this decision in the "Additional Details" portion of the interview.
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SPECIAL CIRCUMSTANCES
What if one spouse is in the military? If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is generally much like a regular divorce, although there may be as many as three possible jurisdictions where the dissolution or divorce can be filed:
  • The legal residence of the military member
  • The legal residence of the spouse
  • The state where the servicemember is stationed

Typically, either you or your spouse must reside in Tennessee or be stationed there in order to file for dissolution or divorce there. For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.

Any person in the armed services of the United States, or the spouse of any such person, who has been living in Tennessee for a period of not less than one (1) year shall be presumed to be a resident of Tennessee.

See Tennessee Code Annotated 36-4-104(b).
What if one spouse is living in a foreign country? If your spouse is able to receive documents in the mail and is willing to sign and return the necessary documents to you, his or her being outside of the U.S. should not be a barrier to you filing for and obtaining a divorce in Tennessee.

For any documents requiring the notarized signature of a spouse living in a foreign country, consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions that a notary public provides in the United States.
What if I have an out of state driver’s license or no license at all? If the spouse who files for divorce does not have a valid in-state driver’s license it may pose a problem if the Clerk requires one in order to prove that at least one spouse meets the residency requirements for filing for divorce. However, most Court Clerks don't require any form of identification when you file for divorce. If you have any additional questions concerning the identification requirements when filing for divorce, contact the Court Clerk.

Note: A Notary Public will almost always require some form of picture identification in order to notarize a signature.
What if my spouse and I don't live in the state shown on this page? If you and your spouse live in a different state than the one that is shown on this page, click the "State of Residence" box to the left to see whether DivorceWriter supports the state where you live.

If you and/or your spouse recently left the state shown on this page OR only one of you lives in this state, click the "Continue" button to the left to review the residency requirements for this state.
I am not sure my marriage was legal. Do I even need a divorce? DivorceWriter is for people who want to end their marriages. If you have any questions regarding the validity of your marriage, you may need to contact a lawyer.
What if my spouse is in the military? Either you or your spouse must meet the residency requirements in a given state or be stationed there in order to file for divorce in that state. If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is much like a regular divorce.
How do we get documents notarized in a foreign country? The meaning of the term "notary" varies widely from country to country. To find a Notary Public outside of the U.S. who performs the type of notarization customarily performed by a Notary Public in the U.S., contact a consular official at any U.S. embassy or consulate abroad.
I can't find my spouse. Can I still use DivorceWriter? DivorceWriter is designed for couples who have reached an agreement on all issues and who are both willing and able to sign divorce papers. You cannot use DivorceWriter if you are unable to locate your spouse and should instead contact an attorney licensed to practice law in your state.
What if my spouse is unwilling to sign the divorce documents? DivorceWriter is a self-help divorce product for people who have reached an agreement on all issues, including division of property and debts as well as matters concerning any children they may have, and who are both willing to sign documents to end their marriage. If you and your spouse are still disputing any matters, or if you think your spouse may refuse to sign the necessary documents, do not use DivorceWriter.

If, after filing for divorce, your spouse becomes uncooperative or unwilling to sign the final documents, you should contact an attorney immediately.
My spouse is currently incarcerated. What address do I use? You may use the address at the facility where your spouse is currently incarcerated. DivorceWriter documents must be signed by both husband and wife. As long as your spouse is capable of receiving documents and signing them in front of a notary public, if required in your state, you can use DivorceWriter.
I received my DivorceWriter package today, but I'm not sure I want to file for divorce right away. How how long are these papers good for? Unsigned divorce documents do not have an expiration date per se. Applicable time periods begin to run on signed documents once the divorce is filed.

However, it is possible that changes in the law could occur at some point that might affect one or more documents or divorce filing procedures. If you decide to wait to file your documents for a significant period of time and are concerned that you may no longer have the most recent version we offer, DivorceWriter will provide you with another set at no additional charge.
My spouse is currently incarcerated. Can we still use DivorceWriter? DivorceWriter documents must be signed by both husband and wife. As long as your spouse is capable of receiving documens and signing them in front of a notary public, if required in your state, you can use DivorceWriter.
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ADDITIONAL RESOURCES
Where can I find the full-text version of the Tennessee divorce statutes online? Tennessee State Divorce Laws
Tennessee Code Title 36 Chapters 4-6
Where can I find additional help? Additional help is available at: www.findlegalhelp.org
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