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How does DivorceWriter work?
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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 for filing with the Clerk.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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What are the Tennessee residency requirements for filing for divorce?
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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).
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Where do I file the divorce documents in Tennessee?
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In Tennessee, divorces are filed at the Circuit Court Clerk's office.
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What are the grounds for filing for divorce in Tennessee?
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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.
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How do I make changes to my documents after receiving my self-prepared Tennessee DivorceWriter package?
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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 800-928-7713 or 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.
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We have children. Can I still use DivorceWriter?
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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.
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How does DivorceWriter work?
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- Complete the pre-buy portion of the online interview.
- 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.
- 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.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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What if my spouse and I don't live in the state shown on this page?
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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.
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Will DivorceWriter work in my state?
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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.
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What is included in my DivorceWriter package?
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Each package contains the completed forms needed to get a divorce in your state, including step-by-step state-specific filing instructions.
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What do I do after I receive my documents?
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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.
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How long will it take to receive my documents?
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Complete the easy online interview and click on "submit." Your DivorceWriter document package will be shipped to you via Priority Mail the next business day.
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What if my spouse and I don't live in the same state?
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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.
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What documents will I receive?
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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.
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What happens after I receive my DivorceWriter documents?
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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.
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Can we use DivorceWriter if we have children?
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Even couples with minor children can prepare their own documents using DivorceWriter.
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Are court filing fees included in the fee?
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The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. To obtain the exact filing fee for your county, contact your court clerk.
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How much does DivorceWriter cost?
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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.
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Are DivorceWriter documents legal?
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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.
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Are LegacyWriter documents legal?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter 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 about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will LegacyWriter documents work in my state and/or in my situation?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter 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 about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will DivorceWriter documents work in my state and/or in my situation?
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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.
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How do I change my password?
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You can change your password by logging back into your DivorceWriter account using this link: www.divorcewriter.com
On the Review page of your online interview, select the "EDIT" tab next to "Account Email." You will also need to enter your old password in this section in as well as your new password.
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How do I make changes to my existing DivorceWriter account?
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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
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What will be listed as the return-address on my DivorceWriter document package?
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To ensure privacy, our mailing envelopes DO NOT list DivorceWriter as the return-addressee. Pro Se Planning, Inc., the name of our parent company, is listed instead.
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Can I use DivorceWriter in my state?
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DivorceWriter offers documents for the following states: Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, Nevada, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington. Your documents will be accepted for filing or your money back--100% guarantee.
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I finished the online interview. How long will it take to receive my documents?
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DivorceWriter promptly ships your document package to you via Priority Mail the next business day.
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Do any documents require notarization?
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The filing instructions included with your DivorceWriter package will provide additional information if any documents require notarization.
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Can I make changes to my documents after I receive them?
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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.
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Do I have to have my signature notarized on any documents?
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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.
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What is the online interview?
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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.
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I want to use DivorceWriter to prepare my own divorce documents. What do I do next?
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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.
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What happens after I receive my self-prepared Tennessee DivorceWriter package?
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Along with your self-prepared DivorceWriter package, you will receive written procedures for signing documents and filing with the Clerk. The written procedures are state-specific and include the address and telephone number of the Circuit Court Clerk for the county of filing selected by the customer.
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What are the basic steps to getting a divorce in Tennessee?
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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.
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Will we have the option to divide one or more retirement plans?
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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.
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How much is the filing fee in Tennessee?
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County divorce filing fees are NOT included with your DivorceWriter purchase. The fee for filing for divorce in Tennessee is typically $150.00-$350.00.
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What documents are included in the self-prepared Tennessee DivorceWriter package?
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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)
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What are the signature requirements for the documents I will receive?
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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.
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How long does it usually take to finalize a divorce in Tennessee?
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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).
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How do I serve my spouse with the divorce papers in Tennessee?
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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).
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Will either of us be required to attend a court hearing?
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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.
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Can I receive a portion of my spouse's retirement plan even though his/her retirement is several years away?
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The most common way for one spouse to secure the right to a portion of the other spouse's retirement plan 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.
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Do I have to divorce in the state where I was married?
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No, you can divorce in any state where you or your spouse meet the divorce residency requirements.
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Can the wife change her name back during the divorce?
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Yes, if a name change is desired, the necessary information will be requested in the Additional Details portion of the DivorceWriter online interview.
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What if my spouse and I have agreed to a child support amount that is different from the standard amount?
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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.
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What if we already have an existing/prior child support order?
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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.
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What are the different types of custody in Tennessee?
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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.
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What is the difference between child support and spousal support?
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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
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Can we customize our documents to fit our spousal support needs?
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You can choose:- No spousal support
- Spousal support paid in periodic payments for a set duration
- Spousal support paid in a lump sum
Spouses who choose a combination of a lump sum payment with periodic payments for a set duration can enter the periodic payments here in the Spousal Support Section of the interview. Then, the one-time, lump sum payment can be added as either a property item or as a debt by returning to the appropriate section of this interview and listing it there. Customers may prefer to list the lump sum payment as property if it has already been paid. Alternatively, customers may wish to list it as a debt with the payor spouse as the creditor if it has not yet been paid.
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Do I enter child support information here also?
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No. This section is for spousal support only. Enter information here if one spouse will be paying support for the care and benefit of the other spouse. Child support, which is paid for the support and care of a child, will be asked about later in this interview.
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Is spousal support commonly awarded?
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Only about 10% of DivorceWriter customers choose "yes" to spouse spousal support.
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Do I have to pay income tax on spousal support payments that I receive?
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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.
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What options do we have for our real estate?
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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.
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We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed?
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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 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.
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Can we divide one or more retirement plans?
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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.
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Can we divide/list as many items of personal property as we want?
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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.
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Can we divide as many items of personal property as we want?
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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.
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Can we divide/list as many debts as we want?
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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.
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Do I need to list the legal description of my real estate?
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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.
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We are each going to be liable for a percentage of one or more of our debts. How do we enter the information?
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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.
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Do we have to list the property we've agreed to divide?
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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.
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Do we have to list the items of property we've agreed to divide?
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About 50% of DivorceWriter customers choose to list one or more items of property.
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Do we have to list the debts we've agreed to divide?
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About 30% of DivorceWriter customers choose to list one or more debts.
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What if one spouse is in the military?
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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 dissolution or 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 divorce there. For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.
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What if one spouse is in the military?
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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).
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What if one spouse is living in a foreign country?
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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.
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What if I have an out of state driver’s license or no license at all?
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Lack of a valid in-state driver’s license could pose a problem if the spouse without the license is filing the initial divorce documents as it may be difficult to prove that he or she meets the residency requirements. Lack of any license at all could pose an issue when it comes to positive identification if needed in court or to verify identity for notarization purposes.
However, most counties don't require any form of identification to file for divorce. Contact the Court Clerk if you have additional questions.
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What if my spouse is in the military?
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Typically, either you or your spouse must meet the residency requirements in a given state or be stationed there in order to file for dissolution or 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 dissolution or divorce.
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I am not sure my marriage was legal. Do I even need a divorce?
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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.
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Where can I find the full-text version of the Tennessee divorce statutes online?
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Tennessee Code Title 36 Chapters 4-6
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