Step-by-Step Guide to Agreed Divorce With Children
If an agreed divorce is right for you, then this post will explain each step of the agreed divorce process with children, and it will explain what you can expect along the way. Before we discuss the steps of filing for an agreed divorce, here are a few definitions you may find helpful:
Agreed Divorce: (sometimes called an “Irreconcilable Differences” or “ID” divorce) is a divorce process that allows a divorcing couple to end their marriage without spending large amounts of time in the courtroom. For an agreed divorce to work, a couple must agree on ALL points of the divorce. The advantage of an agreed divorce is that you will have to file fewer papers in court, and an agreed divorce will likely save you a lot of money in comparison to going through the traditional divorce process.
Marital Dissolution Agreement: The Marital Dissolution Agreement (Also called a Divorce Agreement) is a contract between you and your spouse that explains the terms of the divorce to which you both have agreed, including the alimony amount, how you will divide your money, property, and debts, and any other points you and your spouse have determined.
Parenting Plan: for divorcing couples with children, the parenting plan lays out the exact details of how divorcing parents plan to parent their children after the divorce becomes official. The purpose of a parenting plan is to help empower parents with the appropriate tools to best provide for their children financially and emotionally after divorce. A good parenting plan typically includes all the pertinent details of the major decisions the parents have made, including decisions about their child’s education, medical care, and each parent’s duties and responsibilities in caring for the child. (Tenn. Code. Ann. 36-6-404).
Child Support: is money that parents set aside for the benefit of their child or children (at the following link, you can view the Tennessee Department of Humans Services’ Child Support Guidelines). The amount of child support depends on the combined income of each parent and on the responsibilities allocated to each parent in the parenting plan. If you and your soon-to-be-ex-spouse have children, you must fill out the Child Support Worksheet before filing for divorce.
FILING FOR AN AGREED DIVORCE
STEP 1: FILL OUT YOUR PAPERWORK
In order to begin the filing process, you will need to fill out the requisite paperwork, including:
Complaint for Divorce (Must be signed by both spouses and notarized)
A form with each spouse’s personal information
Divorce Agreement
Parenting Plan (if you and your spouse have a child/children under 18, in high school, or who are disabled)
Child Support Worksheet (if you and your spouse have minor children together)
Health Insurance Notice Form
Final Decree of Divorce Form
Note: if you or your spouse receive state government benefits, you may have to fill out a few other forms. Also, the descriptions in the list above are linked to the appropriate form for Davidson County, but you can find the appropriate forms for all other Tennessee counties by clicking the “requisite paperwork” link above.
STEP 2: FILE YOUR PAPERS WITH THE COURT CLERK
Once you complete the appropriate papers and you and your spouse have agreed on all the terms of your divorce, you can file your paperwork with the appropriate court clerk.
For Davidson County, you can file your divorce paperwork with the Circuit Court Clerk’s Office. The cost of filing in Davidson County should be around $300-400 if you have minor children. If you cannot afford to pay the filing fees upfront, you may file a request to delay the filing fees along with your other paperwork.
In Williamson County, you can file your paperwork at the Williamson County Judicial Center. In Williamson County, the cost of filing agreed divorce paperwork for people with children should be around the same.
As for other Middle Tennessee Counties, feel free to contact us and we can help you determine the appropriate place to file and how much filing may cost.
STEP 3: WAIT
After filing the appropriate paperwork, Tennessee requires divorcing couples with minor children to wait ninety (90) days before scheduling any hearings or moving forward with the divorce. Some people refer to the waiting period as the “cooling off” period because it can allow couples considering divorce to have some time to let go of harsh feelings and reconsider why they want to separate. (Note: the wait time for Agreed divorces WITHOUT children is sixty (60) days).
STEP 4: FILE A MOTION TO SET THE FINAL HEARING
Ninety (90) days after you file your divorce paperwork, you can contact the clerk to ask about scheduling a hearing. Then, the clerk should let you file a form called the Motion To Set Agreed Divorce For Hearing. Once your request for a hearing has been processed, the clerk will schedule a hearing date for you.
STEP 5: ATTEND THE MOTION HEARING
At the Motion Hearing, the judge will review the paperwork you and your soon-to-be ex-spouse filed with the court. The judge will make sure that your agreement is fair, and that you both have filled out the appropriate forms. The judge likely will also ask you some questions to clarify any points that are not apparent from your paperwork. If everything in your paperwork looks acceptable, the judge will schedule a final hearing
STEP 6: ATTEND THE FINAL DIVORCE HEARING.
At the final hearing, the judge will check with both you and your spouse to ensure that there haven’t been any changes to the terms you and your spouse have agreed upon.
What to expect at the final hearing:
the judge may ask you:
Your name and your spouse’s name.
How long each of you has lived in Tennessee
If either spouse is pregnant
If you believe the terms you have agreed to are fair
If you personally want the court to grant the divorce.
As long as you and your partner have no objections to your earlier agreements, the judge should sign off on your Final Decree of Divorce at the final divorce hearing. This means your divorce will be final.
Moving Forward
Deciding to separate from your spouse is a difficult decision. When children are involved, the divorce process can seem especially complicated and vexing. Although the steps above set forth a fairly simple way to separate from your spouse without battling out your differences in court, it is important to remember that the papers you sign and agree to with your spouse create a legally binding contract. At Joe Kwon Law we want to be a resource for you—we are here to help you make informed decisions and to help you feel confident during each step of the divorce process. Contact us if we can assist you in any way with this process.
