March 2012 Agreed Divorce Instructions Page 1 of 5
Approved by the Tennessee Supreme Court
How to Get an Agreed Divorce in Tennessee
If you have NO children who are under 18, disabled or in high school
and you do not own buildings or land or a business with your spouse, or have retirement benefits.
What is an agreed divorce?
Agreed means that you and your spouse agree on
all points of your divorce AND you must meet all
the rules below. An agreed divorce is easier and
faster. It costs less than a regular divorce
because:
• There are fewer court papers to fill out.
• You don’t have to have a lawyer. But it’s best
to talk to a lawyer before starting any divorce.
Can anyone get an agreed divorce with this
packet?
No! It is only for couples if ALL of these are
true:
• One or both of you lived in Tennessee for at
least the past 6 months OR you lived in
Tennessee when you decided to divorce;
• You and your spouse have no children
together who are:
o Under age 18 or
o Disabled or
o Still in high school
Children together means children you had
together that were born before your marriage
AND any children born during your marriage
or adopted.
• The wife is not pregnant now;
• You both want to end your marriage;
• You don’t own buildings or land or a business
together or have retirement benefits; AND
• You can agree on alimony and how to divide
your property, and will both sign a Divorce
Agreement (Form 5).
Do I need a lawyer?
You need a lawyer if:
• You find the court papers hard to understand;
• You or your spouse have an IRS qualified
pension or retirement plan;
• You or your spouse own buildings or land (this
is called real property);
• You or your spouse own a business;
• Your spouse won’t sign the Divorce
Agreement;
• Your spouse has a lawyer;
• You have questions about your divorce. The
court can’t give you legal advice; OR
• You don’t know how to locate your spouse.
Important! Only want a lawyer for part of the
case? Having a lawyer look at your Divorce
Where can I find a lawyer?
• Your county’s Bar Association. This is a
group that lawyers join. They may have
programs that can give you free advice. Or
they can refer you to a lawyer.
• Look under “lawyer” in the yellow pages.
• Search for “lawyer” on the internet.
• Ask divorced friends which lawyer they used.
• Check the Administrative Office of the Court’s
website at: __________________________
Free Legal Help
for Domestic Violence Victims
Does your spouse hurt or threaten you? There
are special programs that can help you get free
legal advice. They can also help if your spouse
won’t agree to a divorce. Call these FREE
hotlines to find help near you.
• Tennessee Coalition for Domestic and Sexual
Violence – 1-800-356-6767 / www.tcadsv.org
• Domestic Violence hotline – 1-800-799-7233
If any of these are not true for you, you
can’t use this packet! Talk to a lawyer.
This packet has the court forms you will
need to get an agreed divorce. It also
explains:
• What an agreed divorce is.
• Who can get an agreed divorce.
• Steps to get an agreed divorce.
• How to get ready for your court hearing.
• Answers to common questions about
divorce.
• What goes in a Divorce Agreement.
March 2012 Agreed Divorce Instructions Page 2 of 5
Approved by the Tennessee Supreme Court
Steps to Get an Agreed Divorce
Tip! Make extra copies of the blank forms in this packet. This is in case you make a mistake. Also, make
copies of all papers you give the Court Clerk. Ask the Clerk to date-stamp your copy. Keep all your date-
stamped divorce papers in a folder or envelope. Bring it with you when you go to court.
Step 1 You and your spouse MUST fill out these papers. The Court Clerk can’t do it for you.
When they are filled out, go to the Court Clerk’s office and give them (file) these papers:
Request for Divorce, Form 1. Must be signed and notarized.
Spouses’ Personal Information, Form 2A
spouses’ names and your case number. The Court Clerk will give you
your case number.
Check with your Court Clerk to see if you need to fill out a Civil Case
Cover Sheet.
Step 2 If you can’t afford to pay the filing fee, also fill out and give the Court Clerk (file):
If you
need
it
Request to Postpone Filing Fees and Order, Form 3
The court may let you pay the filing fees at the end of your case. You and your spouse must
decide how you will split the cost of the filing fees
Step 3 Complete the Health Insurance Notice for Divorcing Spouses (Form 4):
Health Insurance Notice, Form 4
records. Not on each other’s health insurance or don’t have health insurance? Then write that
on the paper.
Step 4 Fill out these papers and give them to the Court Clerk (file):
Divorce Agreement, Form 5. Must be signed and notarized by both you and your spouse.
Final Decree of Divorce, Form 6. Must be signed by both you and your spouse.
Court Order for Divorcing Spouses, Form 7 Must be signed by both you and your spouse.
Both spouses must obey this order!
Divorce Certificate
Ask the Clerk for this paper. Don’t use a copy. Fill out as much of it as you can. Ask the
Clerk about the deadline for this paper.
Notice of Hearing to Approve Irreconcilable Differences Divorce, Form 8
Step 5 Wait at least 60 days after filing your Request for Divorce (Form 1) then:
Call the Clerk. Has it been more than 180 days since the last person signed the Divorce
Agreement? Then you must fill out a new Divorce Agreement.
Ask the court clerk how to get a court date for the Final Divorce Hearing. Ask if you need any
other papers to set the hearing date.
If needed, complete and file the Notice of Hearing to Approve Irreconcilable Differences
Divorce with the court clerk, Form 8. Mail your spouse a copy.
Step 6 Go to the Courthouse on the date of your Final Divorce Hearing.
It’s best if both spouses go, but if you are the spouse who filed the divorce, you may go alone.
What if only one spouse goes and the judge changes something? You will have to go back to
court later. Bring copies of all the date-stamped divorce papers with you. Bring the Final
Decree of Divorce, Form 6
Step 7 After the hearing, go to the Court Clerk’s office. Ask how to get the signed copy of the
Final Divorce Order. You may have to pay for copies. You will have to pay for certified
copies.
If your spouse did not go to the hearing, you must mail him/her a copy of this Order.
March 2012 Agreed Divorce Instructions Page 3 of 5
Approved by the Tennessee Supreme Court
Get ready for your Court Hearing
Before the hearing:
•
Dress neatly. Wear clothes that look like a
businessperson. Wear clothes that show
respect for the court. This means:
No shorts.
No tank tops or low cut tops.
No crop tops that show your belly.
No T-shirts with words or pictures.
Turn off your cell phone or pager.
• Take all of your court papers.
• Both spouses may go to the hearing. Or just
the spouse who filed the divorce may go. You
don’t need witnesses.
• Get to court early on the day of your hearing.
You may need to find parking and go through
security.
•
Go to the Clerk’s Office to make sure your
case is on the calendar.
• Sit down in the courtroom. Wait for your
name to be called. (There may be other
cases ahead of you.)
At the hearing:
• Step forward when your
name is called.
• You will be asked to raise
your right hand and take an
oath to tell the truth.
• After you swear to tell
the truth, say this:
“My name is ____________________.
I am the wife (or husband) in this
case. I am here to get a Final Divorce
Order.”
• Don’t sit down until your case is over.
• When you speak to the judge, say, “Your
Honor.” Be polite.
• The judge will look at your court papers and
may ask questions. Listen carefully. Never
butt in. Don’t talk until the judge asks you a
question. Answer all questions fully and tell
the truth. What if you don’t understand a
question? Then ask the judge to explain or
repeat it.
The judge may ask you:
• Your name and your
spouse’s name.
• How long you have lived
in Tennessee.
• If either spouse wants
their old name back.
• If the wife is pregnant.
• If your Divorce
Agreement divides the
property fairly.
• If you want the court to grant the divorce.
• If you and your spouse have irreconcilable
differences (cannot get along).
You may answer, like this:
I have lived in Tennessee for at least 6
months.
We are not expecting a child now.
My spouse and I have no children together.
My spouse and I have made a Divorce
Agreement that is fair. We have divided all
property and debt.
I want a divorce.
My spouse and I can’t get along any more.
We have no hope of working our marriage out.
At the hearing:
Once approved, the judge will sign the Final
Divorce Order. Your divorce is not final until the
judge signs the Final Divorce Order and it is filed
with the Clerk.
Important! After the court makes the Final
Divorce Order, each spouse has 30 days to
appeal. During this 30-day period, don’t get
married again or buy any property
After the hearing, ask the Court Clerk for certified
copies of the Final Divorce Order and Divorce
Agreement. You may need this later.
What if there are mistakes on the divorce
papers? The judge may ask both spouses to
make the changes and initial them. If both
spouses aren’t there, you have to come back
another day.
March 2012 Agreed Divorce Instructions Page 4 of 5
Approved by the Tennessee Supreme Court
Common Questions About Agreed Divorce
To get an agreed divorce, do I have to prove
that my spouse did something wrong?
No. You just have to say that you and your
spouse can no longer get along. Say that you
have no hope of working out your marriage
problems. The court calls this “irreconcilable
differences”.
Do I have to live in Tennessee to file for
divorce here?
One or both spouses must have lived in
Tennessee for at least the last 6 months OR you
lived in Tennessee when you separated.
Where do I file my divorce papers?
• In the county where you and your spouse live.
• OR in the county where your spouse lives now.
• OR in the county where you lived when you
separated.
What if your spouse is in jail or doesn’t live in
Tennessee? Then file in the county where
you
live.
The court in each county is different. The divorce
court in your county could be a Circuit, Chancery,
or General Sessions Court. Ask the Court Clerk if
their court hears divorces cases. DON’T file
them in more than one court.
Important! Until the divorce is final, you and your
spouse can’t do some things. You and your
spouse can’t:
• Disobey the Court Order for Divorcing
Spouses (Form 7) OR
• Spend, give away, destroy, waste or use up
property from the marriage OR
• Harass each other OR
• Stop or change insurance policies OR
• Hide, destroy or spoil electronic evidence kept
on a computer or memory storage device.
Will my divorce papers be public?
Yes. The papers you and your spouse file at
court are public record. That means anyone can
look at your file. Anyone can get copies of any
papers in your file. BUT the papers called
Spouses’ Personal Information, Form 2A, aren’t
public and will be secret.
Do I have to pay a fee to file my divorce
papers?
Yes. Each county has its own fee plus state fees.
Ask the Court Clerk’s office how much you will
have to pay. Bring cash with you.
You must pay
the Court Clerk when you file your Request for
Divorce. Many Court Clerks don’t take checks or
credit cards.
What if I can’t pay the court fee?
The court may let you pay the fee at the end of
your case. This is when the judge decides which
spouse has to pay the court costs.
Need to pay the fee later? Fill out a Request to
Postpone Filing Fees and Order, Form 3.
What if I am a victim of domestic violence?
Did your spouse hurt or threaten you? To get an
agreed divorce you must talk to your spouse.
What if it is not safe to contact your spouse?
Then an agreed divorce may not work for you.
These free resources can help you. They can
also help if your spouse doesn’t want the divorce.
• Coalition for Domestic and Sexual Violence
1-800-356-6767 –
www.tcadsv.org
• National Domestic Violence hotline
1-800-799-7233
• Legal Aid or Legal Services
To find a legal aid program near you go to
www.tennlegalaid.com
• Tennessee Alliance for Legal Services
(615) 627-0956 / 50 Vantage Way, Suite 250,
Nashville, TN 37228
How soon can the divorce be final?
The soonest is 60 days after you file your Request
for Divorce. It usually will take longer.
Important! After the court makes the Final
Divorce Order, each spouse has 30 days to
March 2012 Agreed Divorce Instructions Page 5 of 5
Approved by the Tennessee Supreme Court
appeal. During this 30-day period, don’t get
married again or buy any property.
What is a Divorce Agreement?
The Divorce Agreement is one of the papers you
must file to get an agreed divorce. It tells the
court what you and your spouse agreed about
alimony. It says how you will divide your money,
property and debts.
Doesn’t the court divide our property?
No. In an agreed divorce, the spouses decide
these things together. But the court wants to see
that you divide your property and debts fairly.
You have to list how
all
the property is divided,
even if you think the property belongs only to one
of you. It doesn’t have to be equal. The court
may change things if the agreement is not fair or
one spouse will not have enough to live on.
Do you and your spouse agree about how to
divide the property fairly? Then most of the time
the court will OK your agreement.
Important! The court may not OK your
agreement if it is unfair.
Important! Creditors can try to collect from either
spouse. It does not matter if the other spouse
signed for the debt. It does not matter if the other
spouse agreed to pay for a debt. If either spouse
is thinking of filing bankruptcy, talk to a lawyer. It
may cause problems for the other spouse. If you
have a mortgage together, you cannot use these
forms.
What if my spouse and I can’t agree on
everything in the Divorce Agreement?
A mediator is someone who helps people agree.
The mediator meets with you and your spouse to
try to help you and your spouse find an
agreement that is ok for both of you.
Note: Are you a victim of domestic violence?
Then you don’t have to meet the mediator with
your spouse. You and your spouse can have
separate meetings.
What if the mediator can’t help us agree?
Then you can’t use this packet. Talk to a lawyer
about filing a regular divorce.
What if my spouse will not sign the Divorce
Agreement?
Then you can’t get an agreed divorce. Don’t use
this packet.
Will the court decide on alimony?
No. In an agreed divorce, the spouses decide on
alimony. Alimony is money that one spouse pays
the other for support. You must say how much it
will be and how long it will be paid. This goes in
your Divorce Agreement.
For example, some spouses decide that alimony
will be paid until:
• The paying spouse remarries or files for
bankruptcy, or
• The supported spouse remarries, or
• The supported spouse finishes school, or
• One of the spouses dies.
Alimony may make a difference in your taxes.
Talk to a tax expert before you sign the Divorce
Agreement.
What if we can’t agree on alimony?
Then you can’t get an agreed divorce. Don’t use
this packet. Is alimony important? Or is there a
big difference in salaries? Then talk to a lawyer.
You and your spouse may:
• Talk to a mediator, who may be able to help
you agree, or
• Talk to a lawyer, or
• File a regular divorce.
How do we divide retirement funds?
Sometimes the funds stay with the spouse who
earned them. Sometimes they are divided. Do
you or your spouse have retirement funds? Then
you need to talk to a lawyer and cannot use these
forms.
Should I talk to a lawyer about the Divorce
Agreement?
Yes! Talk to a lawyer about your property, debt,
retirement funds, and alimony. Some lawyers will
help with just the Divorce Agreement. You do the
rest of the case on your own.
July
2011 (Form 1) Request for Divorce Page 1 of 4
Approved by the Tennessee Supreme Court
This form is only for spouses who:
Have no children together who are under 18, in high school, or disabled.
Agree how to divide their property and debt, and have no land, or businesses, or retirement
benefits.
One or both spouses lived in Tennessee for at least 6 months and/or they lived in Tennessee
when they decided to divorce.
If you do not meet these rules, you cannot use these forms. Please talk to a lawyer.
BOTH SPOUSES SIGNED AND NOTARIZED THE DIVORCE AGREEMENT
ANSWER EACH QUESTION.
Residency - (CHECK ALL THAT APPLY):
My spouse or I have lived in Tennessee for at least 6 months.
I was living in Tennessee when the reason for this divorce happened.
Our differences arose in Tennessee.
Venue – (CHECK ONE) I am filing for divorce in this County because:
My spouse and I lived in this County when we separated.
Address:
Street Address City State Zip
My spouse lives in this County.
I live in this County and my spouse does not live in Tennessee, or is in jail.
Reason for Divorce - (you must both sign and notarize the Divorce Agreement to use this form):
My spouse and I can no longer get along, and we have irreconcilable differences.
Children - My spouse and I have no children together who are under 18, in high school, or disabled.
Children together means children you had together, born before your marriage, AND any and all
children born during your marriage or adopted.
The Wife - (CHECK ONE):
is is not pregnant. (If the Wife is pregnant, you cannot use this
form.)
Date of Separation -
My spouse and I decided to divorce on (CHECK ONE):
The date of filing this paper (REQUEST FOR DIVORCE); or
The date we started living apart: (MM/DD/YYYY):
We were married on (MM/DD/YYYY): in:
(City, County, State or Foreign Country)
State of Tennessee
Court
(Must Be Completed)
County
(Must Be Completed)
Request for Divorce (Complaint)
File No.
(Must Be Completed)
Division
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last) of Spouse Filing the Divorce)
Defendant
(Name: First, Middle, Last of the Other Spouse)
July
2011 (Form 1) Request for Divorce Page 2 of 4
Approved by the Tennessee Supreme Court
Orders of Protection and Injunctions:
If you have an Order of Protection, it will stay in effect until the divorce judge changes it. Or it
has already expired (CHECK THE BOX TO DESCRIBE YOUR POSITION):
No Order of Protection has been in effect during this case.
The Order of Protection is ended (expired).
The Order of Protection is active when I file this paper (Request for Divorce) and so will stay in
effect until the divorce judge changes it.
(ATTACH A COPY OF ORDER OF PROTECTION)
Restraining Order (CHECK ONE):
No Restraining Order other than the Statutory Injunction, which applies in every divorce case,
has been in effect during this case.
Other (DESCRIBE):
Wife’s Information
Name:
First Name Middle Name Maiden Name Last Name (now)
Address:
Street Address City State Zip
Birthplace
City and State or Foreign Country
Birth Date (MM/DD/YYYY):
Race: Hispanic Other:
How many marriages before this
one?
How long has she lived in
Tennessee?
years months
Active-duty U.S. Armed
Services?
Husband’s Information
Name:
First Name Middle Name Maiden name Last name (Now)
Address:
Street address City State Zip
Birthplace
City and State or Foreign Country
Birth date (MM/DD/YYYY):
Race: White Hispanic Black Other:
How many marriages before this
one?
How long has he lived in
Tennessee?
years months
Active-duty U.S. Armed
Services?
VICTIMS OF DOMESTIC VIOLENCE
You do not have to list a home address below. You may list a P.O. Box instead.
The local domestic violence agency can help you.
Call 1-800-356-6767 or go to www.tcadsv.org
July
2011 (Form 1) Request for Divorce Page 3 of 4
Approved by the Tennessee Supreme Court
Financial Information
Real Property (House, Land, or Mobile Homes that are permanently attached to the ground)
My spouse and I:
Do NOT own Real Property. If either of you have REAL Property, please see a lawyer first.
Personal Property (such as Cars, Mobile Homes (not permanently attached to the ground), Bank
Accounts)
Own property and have filed the Divorce Agreement that lists how our property is divided.
Do not own Personal Property (such as Cars, Mobile Homes, Bank Accounts)
(If either of you has a Pension or Retirement Account or own a Business, you cannot use these
forms.
Please see a lawyer first.)
Debts – My spouse and I (check one):
Do NOT have debts.
Have debts and have filed a Divorce Agreement that lists how our debts are divided.
One or both of us has filed for a Bankruptcy and it is still active.
Alimony (check one):
Neither spouse wants alimony.
One of the spouses wants alimony, as agreed to in our Divorce Agreement.
Name Change (check below to change a spouse’s name back to the name used before this marriage)
Wife requests
First Name Middle Name Last Name
Husband requests
First Name Middle Name Last Name
Court Costs (check one):
Who will pay the court costs for this divorce?
Spouses will each pay 50% of the costs.
Husband will pay all costs.
Wife will pay all costs.
Other agreement: __________________________________________________________.
Divorce Agreement
Our signed Divorce Agreement (Form 5) is attached, and we ask the Court to approve it.
I ask the Court to grant this divorce, make the other orders I have asked for above, and to make any
other orders I am entitled to.
July
2011 (Form 1) Request for Divorce Page 4 of 4
Approved by the Tennessee Supreme Court
READ THE TEXT BELOW THEN SIGN ONLY IN FRONT OF A NOTARY
Signed at (City): on (Date):
(MM/DD/YYYY)
State of Tennessee, County of
(Name of County Where Notarized)
I know that Tennessee has laws against lying on purpose (perjury). I swear that:
As far as I know, the information on this form is true.
My request for divorce is serious.
My spouse and I have not agreed to lie about the information in this divorce.
SWORN to and SUBSCRIBED before me, on (date):
Signed at (City):
State of Tennessee, County of
By (Name of Person Filing for Divorce):
(Signature of Person Filing for Divorce):
Signature of Notary Public, State of Tennessee
My commission expires: ___________
MM/DD/YYYY
(NOTARY’S SEAL)
July 2011 (Form 2) Spouses’ Personal Information
This form asks for the personal contact information and Social Security Number of both spouses.
To protect your personal information, follow these steps:
1) Fill out this form.
2) Put the form in a sealed envelope.
3) Write this information on the envelope: Names of both spouses, and Case Number of your case.
4) Give it to the clerk when you file your other court forms.
Wife’s Information
Name:
First Name Middle Name Maiden Name Last Name (now)
Address:
Street Address
City
First Name Middle Name Maiden Name Last Name (now)
Address:
Street Address
City
(Must Be Completed)
Spouses' Personal Information
File No.
(Must Be Completed)
Division
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last) of Spouse Filing the Divorce)
Defendant
(Name: First, Middle, Last of the Other Spouse)
February 2012 (Form 3) Request to Postpone Filing Fees and Order Page 1 of 3
Approved by the Tennessee Supreme Court
If you think you cannot afford to pay the filing fees at this time:
• Fill out this form, and
• File it with your Request for Divorce.
Your Information:
Address:
Street Address City State Zip
Telephone Numbers:
(Home) (Work) (Cell)
Birth Date: (MM/DD/YYYY):
Dependents:
List your children below. Include your biological, adopted, step-, and foster children. Also list other
dependent relatives if they live with you for at least 6 months of the year, and who are:
• under age 19,
• under age 24 if full-time students (must live with you at least 5 months of the year), or
• any age with a permanent disability.
Name Age Relationship
Name Age Relationship
Name Age Relationship
Name Age Relationship
Name Age Relationship
State of Tennessee
Court
(Must Be Completed)
County
(Must Be Completed)
Request to Postpone
Filing Fees and Order
File No.
(Must Be Completed)
Division
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last) of Spouse Filing the Divorce)
Defendant
(Name: First, Middle, Last of the Other Spouse)
February 2012 (Form 3) Request to Postpone Filing Fees and Order Page 2 of 3
Approved by the Tennessee Supreme Court
Employment: If you are working now, fill out below. If you are not working now, check here:
Employer’s Name:
Employer’s Address:
Street Address
City State Zip
How much do you earn after taxes are deducted?
$
Each (Check One): Week Month Other:
Other Income: List any other income that you get now or expect to get.
SOURCE OF INC O ME HOW MUCH DO YOU GET? SOURCE OF INC O ME HOW MUCH DO YOU GET?
AFDC
$
/ month
Unemployment
$
/ month
Social Security
$
/ month
Worker’s Comp.
$
/ month
Retirement
$
/ month
Other*
$
/ month
Disability
$
/ month
SSI
$
/ month
*Exp lain Sources of Other Income Here:
OTHER INCO ME :
Assets: List all assets that you own separately, with your spouse, or with someone else:
ASSET TYP E:
FAIR MARKET
VALUE
M
ONEY STILL
OWED
B
ALANCE
1. Car, truck, or other vehicle
$
2. Other car, truck, or other vehicle
$
3. House, condominium, land
$
4. Other house, condominium, land
$
LIST ALL BANK/FINANCIAL ACCOUNTS BELOW:
Bank name
Balance
1.
$
2.
$
3. Cash
$
Total:
$
February 2012 (Form 3) Request to Postpone Filing Fees and Order Page 3 of 3
Approved by the Tennessee Supreme Court
Other Assets:
Expenses:
How much each
month?
How much each
month?
Rent/House Payment
$
Gas $
Phone $
Child Care $
Groceries
$
Court-ordered Child
Support
$
School Supplies $
Transportation $
Electricity $
Medical/Dental $
Clothing $
Other $
Water $
Other $
Debts:
1.
Who do you owe? How much do you owe?
2.
Who do you owe? How much do you owe?
3.
Who do you owe? How much do you owe?
4.
Who do you owe? How much do you owe?
5.
Who do you owe? How much do you owe?
6.
Who do you owe? How much do you owe?
I DECLARE UNDER PENALTY OF P ERJ URY UNDER THE LAWS OF THE STATE OF TENNESSEE THAT:
• The information I have provided is true, correct, and complete.
• I cannot afford to pay the filing fees at this time.
Sign here:
Date:
J UDGE’S ORDER:
This Request is approved, and the Plaintiff may file without paying the filing fees at this time.
This Request is denied because (explain):
This Order is made on (Date):
by:
(DD/MM/YYYY) Judge’s Signature
March 2012 (Form 4) Health Insurance Notice for Divorcing Spouses Page 1 of 1
You must:
• Fill out this form completely, OR ask the person in charge of employee benefits where you work to
fill it out.
• File the copy with the Court.
• Mail a copy to your spouse by certified mail. Keep a copy of this form for your records.
Important! Your spouse must receive this notice at least 30 days before the coverage ends.
To (Spouse’s Name):
(Spouse’s Address):
Street address or P.O. Box City State Zip
From (Your Name):
(Your Address):
Street Address or P.O. Box City State Zip
If you do not have health insurance, check here.
Fill out the Certificate of Service section
below, mail a copy of the form to your spouse, and file this form with the clerk’s office.
If you do have health insurance, fill out the
information about your health insurance policy that
covers your spouse now:
Health Insurance Company:
Policy Number:
(Employee Benefits Contact Person): (Name/Phone #/Street Address/City/State/Zip)
Check one:
This policy has COBRA. That means the dependent spouse can keep the insurance after the
divorce. BUT s/he must apply by the deadline and pay the premiums and any administrative
charges. To learn more, speak to the employee benefits person listed above.
This is a group insurance policy. The dependent spouse may be able to continue coverage under
TCA § 56-7-2312(d)(1). To learn more, speak to the employee benefits person listed above. The
dependent spouse may also get insurance from another source.
This policy does not offer COBRA. That means the dependent spouse’s coverage will end after
the divorce. The dependent spouse must get other health insurance to be covered.
My spouse is not covered by my policy.
Certificate of Service:
I hereby certify that a true and exact copy of this Health Insurance Notice was mailed to my insured
spouse on
(Date)
. (MM/DD/YYYY) I sent it to the address listed above by certified mail.
Sign Here: Date (MM/DDD/YYY) ___
State of Tennessee
Court
(Must Be Completed)
County
(Must Be Completed)
Health Insurance Notice
File No.
(Must Be Completed)
Division
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last) of Spouse Filing the Divorce)
Defendant
(Name: First, Middle, Last of the Other Spouse)
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 1 of 6
Approved by the Tennessee Supreme Court
State of Tennessee
Court
(Must Be Completed)
County
(Must Be Completed)
Divorce Agreement
(Marital Dissolution Agreement)
File No.
(Must Be Completed)
Division
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last) of Spouse Filing the Divorce)
Defendant
(Name: First, Middle, Last of the Other Spouse)
This form explains how you and your spouse will divide your property and debts.
You must file this form with your Request for Divorce, Form 1.
We say that:
• We are the Wife and Husband listed above. We are filing a Request for Divorce in the county and
court listed above. We can no longer get along as Husband and Wife. We understand our
marriage rights and duties. We want to get an agreed divorce.
• We agree on everything in the Request for Divorce. The Request for Divorce does not have to
be served, and there is no need to file an Answer.
• Each of us has read this whole Divorce Agreement. We agree it is fair. We understand that it will
become part of our Final Divorce Order.
• No one made us sign this Agreement. We will sign any other papers needed to carry out this
Agreement.
CHILDREN
My spouse and I have no children together who are under 18, in high school or disabled. Children
together means children we had together, born before our marriage AND it means any and all children
born during our marriage or adopted.
The Wife is not pregnant.
Real Property (house, land or mobile homes that are permanently attached to the ground)
Neither spouse owns real property.
Other Assets (business or retirement accounts)
Neither spouse owns a business or has a retirement account.
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 2 of 6
Approved by the Tennessee Supreme Court
HUS BAND’S P ERS ONAL P ROPERTY
The Husband will own the following property:
a. Vehicles (cars, motorcycles, trucks, boats, etc.)
Vehicle 1
Year Make Model VIN #
Vehicle 2
Year
Make
Model
VIN #
Vehicle 3
Year
Make
Model
VIN #
Vehicle 4
Year Make Model VIN #
b. Other personal property (bank accounts, cash, furniture, jewelry, etc.) Not houses or land!
Describe:
c.
All personal property currently in the possession of the husband is his.
WIF E ’S P ERS ONAL P ROPERTY
The Wife will own the following property:
a. Vehicles (cars, motorcycles, trucks, boats etc.)
Vehicle 1
Year Make Model VIN #
Vehicle 2
Year
Make
Model
VIN #
Vehicle 3
Year
Make
Model
VIN #
Vehicle 4
Year
Make
Model
VIN #
b. Other personal property (bank accounts, cash, furniture, jewelry, etc.) Not houses or land!
Describe:
c.
All personal property currently in the possession of the wife is hers.
If you need more lines, copy this page. Make sure it is included when you file this paper.
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 3 of 6
Approved by the Tennessee Supreme Court
DEBTS HUS BAND WILL P AY
Husband will pay all debts he has made since the date of separation, and will pay for the following
debts:
List all loans, credit card,
cash advance debts
Name of Creditor
(person or company you owe)
Amount still owed
1.
$
2.
$
3.
$
4.
$
DEBTS WIF E WILL P AY
Wife will pay all debts she has made since the date of separation, and will pay for the following
debts:
List all loans, credit card,
cash advance debts
Name of Creditor
(person or company you owe)
Amount still owed
1.
$
2.
$
3.
$
4.
$
If you need more lines, copy this page. Make sure it is included when you file this paper.
We Both Agree on How to Divide the Debts
(Hold Harmless Provision)
Both spouses agree to divide their debts as listed above. The husband agrees to pay all the debts listed
under “Husband’s Debts.” The wife agrees to pay all the debts listed under “Wife’s Debts.” The wife will not
try to make the husband pay her debts. The husband will not try to make the wife pay his debts. Creditors
will try to collect from both spouses. Both spouses understand this. A creditor may get one spouse to pay
the other spouse’s debt. If that happens, the spouse who is supposed to pay the debt will pay the other
spouse back. They will pay back any payments and reasonable lawyer’s fees the spouse made. They will
pay back any costs of trying to stop a creditor from collecting the debt.
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 4 of 6
Approved by the Tennessee Supreme Court
ALIMO NY (check one):
Neither spouse wants alimony
Or check one: Wife Husband agrees to pay (amount): $
until (date or action that ends alimony):
If alimony is sought, we agree that the alimony will be (check one):
Weekly
Monthly
Annually
If alimony is sought, we agree that the alimony: (check all the blocks that apply to your agreement):
Can be modified on changes in our lives
Will end when the one paying the alimony dies
Will end when the one who gets the alimony dies
Will end when the one paying the alimony gets married again
Will end when the one who gets the alimony gets married again
Will end when the one who gets the alimony finishes school, or on ,
whichever date comes first.
Important: Both spouses understand there may be tax consequences of the agreed upon alimony
and we have put our initials at the bottom of this page knowing there can be tax consequences and
that we are responsible for knowing, understanding and accepting these consequences.
C
ANNOT OWN RE TIR EMENT ACCOUNTS, BUS INES S ES, AND REAL P ROPERTY
Neither spouse has an IRS qualified pension or retirement plan. If you do, you cannot use these
forms.
Neither spouse owns a business. If you do, you cannot use these forms.
Neither spouse has real property (house or land). If you do, you cannot use these forms.
NAME CHANGE
Check below to change a spouse’s name back to the name used before this marriage. A government
agency or other institution may need proof of this name change. If so, give them a filed copy of this form.
Wife
First Middle Last
Husband
First Middle Last
Court Costs will be paid by (check one)
Husband
Wife
Husband and Wife will each pay half
Other (explain):
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 5 of 6
Approved by the Tennessee Supreme Court
Notice!
Husband and Wife understand that the Final Decree does not necessarily affect the
ability of a creditor to proceed against a party or a party's property, even though the
party is not responsible under the terms of the decree for an account, any debt
associated with an account or any debt. It may be in a party's best interest to cancel,
close or freeze any jointly held accounts. T.C.A. §36-4-134.
This means that the Final Decree of Divorce does not protect you against creditors.
They may try to collect from you, even if your spouse is responsible for the debt. It
may be best to cancel, close, or freeze any accounts you have together.
E
NTIR E AGREEMENT
This document says everything the husband and wife agreed to. They both give up
any legal claims they have against each other. Any other agreements between
them that are not in this paper are no longer any good. They cannot make each
other live up to any agreements that are not in this document.
W
ARNING - CHANGES (MODIFIC ATION)
After the divorce is final, the spouses may later want to change or drop parts of this
agreement. Changes must be put in writing and filed with the Court Clerk and
approved by the judge. You may want to talk to an attorney.
Husband: Initials________ Date Signed: ________________________ Wife: Initials _____ Date Signed: ____________________
August 2012 (Form 5) Divorce Agreement Page 6 of 6
Approved by the Tennessee Supreme Court
Read below, but only sign in front of a notary.
You may sign at a different time than your
spouse, if you want.
Husband
I know that Tennessee has laws against lying on
purpose (perjury). I swear that:
• As far as I know, the information on this form is
true.
• I have revealed to my spouse all property all debts
that I know about and have not kept any property
or debts a secret from my spouse before I signed
this agreement.
• This is everything we have agreed to.
• Any Agreements we have that are not listed above
are no longer any good.
SWORN to and SUBSCRIBED before me, on
(date):____________________________________
MM/DD/YYYY
Signed at (city):
State of Tennessee, County of
By (Husband):
Signature of Notary Public, State of Tennessee
My commission expires on:
MM/DD/YYYY
(Notary’s seal)
Read below, but only sign in front of a notary.
You may sign at a different time than your
spouse, if you want.
Wife
I know that Tennessee has laws against lying on
purpose (perjury). I swear that:
•
As far as I know, the information on this form is
true.
• I have revealed to my spouse all property all debts
that I know about and have not kept any property
or debts a secret from my spouse before I signed
this agreement.
• This is everything we have agreed to.
• Any Agreements we have that are not listed above
are no longer any good.
SWORN to and SUBSCRIBED before me, on
(date): ____________________________________
MM/DD/YYYY
Signed at (city):
State of Tennessee, County of
By (Wife):
Signature of Notary Public, State of Tennessee
My commission expires on:
MM/DD/YYYY
(Notary’s seal)
August 2012 (Form 6) Final Divorce Order Page 1 of 3
Approved by the Tennessee Supreme Court
If you are ready to finalize your divorce, you must fill out this form. Only the spouse asking for the divorce
must sign it, and that spouse has to go to the court hearing. BUT, it is a good idea for both
spouses to go
in case the court has questions. The Judge does not have to sign this Order if the Judge does not think
your Divorce Agreement is fair.
Take this form with you to your court hearing. Also take all copies you have filed and take:
• Divorce Agreement, Form 5, signed by both spouses and notarized if not filed with Request for Divorce
• Divorce Certificate - you must get the official state form and have it filled out before court. The clerk
may have a copy of this form, or you can find it on-line at:
https://health.state.tn.us/vr/
C
OURT HEARING AND FINDINGS :
On (Date)
, there was a court hearing at the court and county listed above
(MM/DD/YYYY)
before (Judge’s Name):
.
P
ARTIES AT THE HEARING:
Plaintiff (Spouse filing the divorce):
Street or P.O. Box City State Zip Phone #
Defendant (The other spouse):
Street or P.O. Box City State Zip Phone #
The Court finds that the parties have signed and filed a divorce agreement that makes adequate and
sufficient provision for the equitable settlement of property rights between them and fairly apportions their
debt (an equitable division).
That Agreement is now filed with and made part of this Order. The spouses swear they have no children
together who are under 18, in high school or disabled. Children together means children they had
together, born before the marriage, AND any and all children born during the marriage or adopted.
Based on the parties’ Divorce Agreement, their Request for Divorce, and the entire record for this case,
the Court finds good cause to make this Final Divorce Order.
State of Tennessee
Court
(Must Be Completed)
County
(Must Be Completed)
Final Decree of Divorce
(with Marital Dissolution Agreement)
File No. _________________
(Must Be Completed)
Division _________________
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last of spouse filing the divorce)
Defendant
(Name: First, Middle, Last of the other spouse)
August 2012 (Form 6) Final Divorce Order Page 2 of 3
Approved by the Tennessee Supreme Court
THE COURT MAKES THE FOLLOWING ORDERS:
The parties are now divorced based on irreconcilable differences.
Important! Either spouse has 30 days to appeal this Order. During the next 30 days, you should not
get married again or buy any property.
Protective Orders (check one):
Neither party has a current Protective Order.
The Court ends the current Protective Order.
The Court continues the current Protective Order until (MM/DD/YYYY):
Name Change (check one):
This Order does not change either party’s name.
This Order changes the Wife’s name to:
First Name Middle Name Last Name
This Order changes the Husband’s name to:
First Name Middle Name Last Name
Important! You may need a certified copy of this Order to change your name on your driver’s license
or other records.
Court Costs will be paid as follows (check one):
The husband and wife will each pay 50% of the court costs.
Husband will pay all costs.
Wife will pay all costs.
Other agreement: _________________________________________________.
Alimony
Neither spouse wants alimony
The (check one): Husband Wife agrees to pay (amount): $
until (date or
condition that ends alimony):
This amount will be paid (check one): Weekly Monthly Annually
Attorney fees
The Wife will pay for her lawyer’s fees. The Husband will pay for his lawyer’s fees.
Other (explain):
________________________________________________________________________________
August 2012 (Form 6) Final Divorce Order Page 3 of 3
Approved by the Tennessee Supreme Court
Other Orders
Notice: The Final Decree does not necessarily affect the ability of a creditor to proceed against a party or a
party's property, even though the party is not responsible under the terms of the decree for an account, any
debt associated with an account or any debt. It may be in a party's best interest to cancel, close or freeze
any jointly held accounts. T.C.A. §36-4-134.
This means that this Order does not protect you against creditors. They may try to collect from you,
even if your spouse is responsible for the debt. It may be best to cancel, close, or freeze any accounts
you have together.
This Order is made on Date (MM/DD/YYYY): by:
Judge’s signature
Presented by: _______________________________________________________________
Person Getting the Order
Wife’s Signature
Date (DD/MM/YYYY):
Husband’s Signature
Date: (MM/DD/YYYY)
If your spouse did not go to this hearing, you must mail him/her a copy of this signed Final Divorce Order.
Then fill out the part below.
CERTIFICATE OF SERVICE:
I hereby certify that a true and exact copy of this Order was mailed by U.S. Mail via 1
st
Class Postage, to the
other party spouse at the address listed above, on Date (MM/DD/YYYY)
.
Spouse who mails it signs here:
Date (MM/DD/YYYY):
.
A
TTACHED:
Divorce Agreement
Divorce Certificate (if not already submitted)
Other:
July
2011 (Form 7) Court Order for Divorcing Spouses
way to or in front of your children, your spouse’s children, or
your spouse’s employer.
you can’t s
–
–
Wife’
Husband’s Signature
July 2011 (Form 8) Notice of Hearing
(Street) (City, State, Zip)
Presented by:
Person asking for the Order
CERTIFICATE OF SERVICE
I certify that the foregoing has been delivered in person or sent by U.S. Mail, via 1
st
Class Postage, to
the other party at the following address:
I did so on the __________ day of ____________________ 20_______.
Person asking for the Order:
Street Address:
City, State, Zip
Phone number:
State of Tennessee
Court:
(Must Be Completed)
County:
(Must Be Completed)
Notice of Hearing to Approve
Irreconcilable Differences Divorce
File No.: __________________
(Must Be Completed)
Division: __________________
(Large Counties Only)
Plaintiff:
(Name: First, Middle, Last) of spouse filing the divorce)
Defendant
(Name: First, Middle, Last of the other spouse)
a.m.
p.m.
