Tennessee Supreme Court Approves Forms for Uncontested Divorce

August 25, 2011

The Tennessee Supreme Court recently approved the use of certain forms to be used in uncontested divorces throughout the state. Where litigants do not own real property or have minor children, they will be able to use plain-language forms to facilitate simple divorces.

The Court incorporated a new rule making the forms acceptable in all Tennessee family courts beginning September 1, 2011. The forms will help parties in filing an "agreed divorce," which is also known as an uncontested divorce. The instructions that will accompany the forms will cover a range of situations, including whom a party may contact if spousal abuse is (or becomes) an issue, and how to find a legal counsel for questions.

They further explain what will happen in court and recommend proper attire for the hearing (i.e. no shorts or tank tops). The instructions further advise divorcing parties to consult an attorney to review the final agreement, and that the court may not approve it if he or she deems it unfair.

The new rules and forms are the work of the Access to Justice Commission, a 10 member board formed by the Tennessee Supreme Court to create a strategic plan to increase access to the court system for people who could not afford an attorney. As part of its immediate goals, the Commission aspired to make the justice system more user-friendly and to remove traditional barriers that prevented the poor, disabled and illiterate from accessing the justice system.

The forms are not meant to replace the need for an attorney, as the Commission also recommended that lawyers increase the number of pro-bono hours they provide each year. Nevertheless, the new forms should be a helpful resource those who file for divorce on their own.

Article provided by Mitchell A. Byrd PLLC
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