Legal Packet

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STATE OF TENNESSEE )

) ss.

[COUNTY] COUNTY )

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[PETITIONER/PLAINTIFF FULL NAME],

Plaintiff/Petitioner,

v.

[DEFENDANT/RESPONDENT FULL NAME],

Defendant/Respondent.

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COMPLAINT FOR DIVORCE

[CIRCUIT / CHANCERY] COURT

Case No.: _______________

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COMES NOW Plaintiff [FULL NAME], appearing pro se, and files this Complaint

for Divorce against Defendant [FULL NAME], and in support thereof states as

follows:

PARTIES AND JURISDICTION

1. Plaintiff [FULL NAME] is a resident of [CITY], [COUNTY] County, Tennessee,

and has been a bona fide resident of the State of Tennessee for more than

six (6) months immediately preceding the filing of this Complaint.

1. Defendant [FULL NAME] is a resident of [CITY], [STATE], and may be served

at [ADDRESS, CITY, STATE, ZIP].

1. This Court has jurisdiction over the parties and subject matter pursuant

to Tenn. Code Ann. § 36-4-104(a), which provides that "a divorce may be

granted for any of the causes referenced in § 36-4-101 if the plaintiff

or the defendant has resided in this state six (6) months next preceding

the filing of the complaint."

MARRIAGE

1. Plaintiff and Defendant were married on [DATE OF MARRIAGE] in [CITY],

[STATE].

1. [Circuit / Chancery] Court of [COUNTY] County, Tennessee, has venue

because [Plaintiff / Defendant] resides in this county.

CHILDREN [Complete if applicable; otherwise delete this section]

1. [ ] There are NO minor children born of this marriage.

[ ] The following minor children were born of this marriage:

1. Plaintiff is [pregnant / not pregnant] at this time.

1. No other party has custody of any minor child, and no other custody

proceedings are pending in any other court.

GROUNDS FOR DIVORCE

1. Plaintiff seeks a divorce on the following ground(s) pursuant to

Tenn. Code Ann. § 36-4-101:

[ ] Irreconcilable differences between the parties, pursuant to

Tenn. Code Ann. § 36-4-101(a)(14).

[ ] Inappropriate marital conduct, in that Defendant has engaged in

such cruel and inhuman treatment or conduct towards Plaintiff as

renders cohabitation unsafe and improper, pursuant to

Tenn. Code Ann. § 36-4-101(a)(11).

[ ] Adultery, pursuant to Tenn. Code Ann. § 36-4-101(a)(3).

[ ] Habitual drunkenness, pursuant to Tenn. Code Ann. § 36-4-101(a)(10).

[ ] Willful desertion for one (1) whole year, pursuant to

Tenn. Code Ann. § 36-4-101(a)(4).

[ ] Abandonment, pursuant to Tenn. Code Ann. § 36-4-101(a)(13).

[ ] Other: [SPECIFY GROUND AND STATUTE]

1. The following facts support the ground(s) for divorce:

[PROVIDE BRIEF FACTUAL STATEMENT — for irreconcilable differences, state

that "the parties have experienced irreconcilable differences and the

marriage has suffered an irremediable breakdown." For fault grounds,

provide specific facts without excessive detail.]

PROPERTY AND DEBTS

1. The parties acquired the following marital property during the marriage:

[ ] Marital residence located at [ADDRESS]

[ ] Personal property including [DESCRIBE MAJOR ITEMS]

[ ] Vehicles: [YEAR/MAKE/MODEL]

[ ] Bank accounts: [INSTITUTION, APPROXIMATE BALANCE]

[ ] Retirement accounts: [TYPE, APPROXIMATE VALUE]

[ ] Other: [DESCRIBE]

1. The parties have the following separate property:

[ ] Plaintiff's separate property: [DESCRIBE]

[ ] Defendant's separate property: [DESCRIBE]

1. The parties have the following marital debts:

[ ] Mortgage on marital residence

[ ] Vehicle loans

[ ] Credit card debt

[ ] Other: [DESCRIBE]

REQUEST FOR RELIEF

WHEREFORE, Plaintiff [FULL NAME] respectfully requests that this Court:

a) Grant an Absolute Divorce and dissolve the bonds of matrimony between

the parties on the grounds alleged herein;

b) Approve the parties' Marital Dissolution Agreement (if any) regarding

the division of property and debts;

c) Establish a Permanent Parenting Plan for the minor children (if

applicable) including custody, visitation, and child support pursuant

to the Tennessee Child Support Guidelines;

d) Award [Plaintiff / Defendant / neither party] alimony in the amount of

$_______ per month for _______ months/years, or as the Court deems just;

e) Award [Plaintiff / Defendant] their former name of [NAME];

f) Award costs of this proceeding to [Plaintiff / as the Court deems just];

g) Grant such other and further relief as this Court deems just and proper.

VERIFICATION

I, [PLAINTIFF FULL NAME], swear or affirm under penalty of perjury under the

laws of the State of Tennessee (see Tenn. Code Ann. § 39-16-702) that the

facts stated in this Complaint for Divorce are true and correct to the best

of my personal knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

Signature of Plaintiff

[PLAINTIFF FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Court: [CIRCUIT / CHANCERY] COURT

(File in the county where Plaintiff or Defendant resides)

Shelby County: Shelby County Circuit Court

140 Adams Avenue, Memphis, TN 38103

Phone: (901) 222-3900

Davidson County: Davidson County Circuit Court

1 Public Square, Nashville, TN 37201

Phone: (615) 862-5181

Knox County: Knox County Circuit Court

300 Main Street, Knoxville, TN 37902

Phone: (865) 215-2522

Hamilton County: Hamilton County Circuit Court

625 Georgia Avenue, Chattanooga, TN 37402

Phone: (423) 209-6700

Filing Fee: Approximately $150–$400 (varies by county)

Fee Waiver: Request an In Forma Pauperis (IFP) affidavit

from the clerk if you cannot afford the fee.

Required Documents:

(1) Completed Complaint for Divorce

(2) Summons (obtain from clerk)

(3) Proposed Parenting Plan (if minor children)

(4) Marital Dissolution Agreement (if agreed)

(5) Proof of residency (driver's license, utility bill)

Waiting Period: 60 days if no minor children

90 days if minor children are involved

(Pursuant to Tenn. Code Ann. § 36-4-126)

Service: Defendant must be served within 30 days of filing.

Options: sheriff's service, certified mail, or voluntary

appearance/waiver of service.

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VERIFICATION OF RESIDENCY

I verify that I have been a bona fide resident of the State of Tennessee

for at least six (6) months immediately preceding the filing of this

Complaint, as required by Tenn. Code Ann. § 36-4-104(a).

______________________________

[PLAINTIFF FULL NAME]

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