Legal Packet

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STATE OF TENNESSEE )

) ss.

[COUNTY] COUNTY )

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[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

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COMPLAINT FOR DIVORCE

(UNCONTESTED - IRRECONCILABLE DIFFERENCES)

[CIRCUIT / CHANCERY] COURT

Case No.: _______________

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

for Divorce on the ground of irreconcilable differences, and in support thereof

states as follows:

PARTIES AND JURISDICTION

1. Petitioner [FULL NAME] is a resident of [ADDRESS], [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,

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

1. Respondent [FULL NAME] is a resident of [ADDRESS], [CITY], [STATE] [ZIP],

and may be served at said address.

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

Tenn. Code Ann. § 36-4-104(a), which provides: "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."

1. Venue is proper in this Court because Petitioner resides in [COUNTY] County,

Tennessee.

MARRIAGE

1. Petitioner and Respondent were lawfully married on [DATE OF MARRIAGE] at

[CITY], [STATE].

1. The parties have been residents of Tennessee since approximately [DATE].

CHILDREN

1. [ ] There are NO minor children born of this marriage, and Petitioner is

not currently pregnant.

[ ] The following minor child(ren) were born of this marriage:

1. Petitioner 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.

GROUND FOR DIVORCE: IRRECONCILABLE DIFFERENCES

1. Petitioner seeks a divorce on the ground of irreconcilable differences

between the parties, pursuant to Tenn. Code Ann. § 36-4-101(a)(14) and

§ 36-4-103.

1. Under Tenn. Code Ann. § 36-4-103(b), "No divorce shall be granted on the

ground of irreconcilable differences unless the court affirmatively finds

in its decree that the parties have made adequate and sufficient provision

by written agreement for the custody and maintenance of any children of

that marriage and for the equitable settlement of any property rights

between the parties."

1. The parties have experienced irreconcilable differences such that the

marriage has suffered an irremediable breakdown. There is no reasonable

expectation of reconciliation.

1. The parties have entered into a Marital Dissolution Agreement, attached

hereto as Exhibit A, which resolves all issues of property division, debt

allocation, and (if applicable) spousal support.

1. [IF CHILDREN:] The parties have entered into a Permanent Parenting Plan,

attached hereto as Exhibit B, which resolves all issues of custody,

visitation, and child support.

PROPERTY AND DEBTS

1. All marital property and debt have been divided by agreement of the parties

as set forth in the Marital Dissolution Agreement, in accordance with

Tenn. Code Ann. § 36-4-121.

1. Under Tenn. Code Ann. § 36-4-121(a)(1)(A), marital property shall be

"equitably divide[n], distribute[d], or assign[ed] between the parties

without regard to marital fault in proportions as the court deems just."

WAIVER OF SERVICE

1. Respondent has [signed / will sign] a Marital Dissolution Agreement which

constitutes a waiver of service pursuant to Tenn. Code Ann. § 36-4-103(a)(2):

"In lieu of 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."

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Grant an Absolute Divorce dissolving the bonds of matrimony between the

parties on the ground of irreconcilable differences;

b) Approve and incorporate the parties' Marital Dissolution Agreement into

the Final Decree of Divorce;

c) [IF CHILDREN:] Approve and incorporate the parties' Permanent Parenting

Plan into the Final Decree of Divorce;

d) Award costs of this proceeding as the Court deems just;

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

VERIFICATION

I, [PETITIONER FULL NAME], declare under penalty of perjury under the laws of

the State of Tennessee (Tenn. Code Ann. § 39-16-702) that the foregoing is true

and correct to the best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

Signature of Petitioner

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

[EMAIL ADDRESS]

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FILING INSTRUCTIONS

Court: [CIRCUIT / CHANCERY] COURT of [COUNTY] COUNTY

(File in the county where Petitioner or Respondent resides)

MAJOR TENNESSEE COURTS:

Shelby County: Circuit Court Clerk

140 Adams Avenue, Room 324

Memphis, TN 38103

Phone: (901) 222-3900

Davidson County: Circuit Court Clerk

1 Public Square, Suite 302

Nashville, TN 37201

Phone: (615) 862-5181

Knox County: Circuit Court Clerk

300 Main Street, Room 339

Knoxville, TN 37902

Phone: (865) 215-2522

Hamilton County: Circuit Court Clerk

625 Georgia Avenue, Room 200

Chattanooga, TN 37402

Phone: (423) 209-6700

Rutherford County: Circuit Court Clerk

20 North Public Square, Suite 200

Murfreesboro, TN 37130

Phone: (615) 898-7820

Williamson County: Circuit Court Clerk

135 4th Avenue South

Franklin, TN 37064

Phone: (615) 790-5426

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) Complaint for Divorce (this document)

(2) Marital Dissolution Agreement (signed and notarized)

(3) Permanent Parenting Plan (if minor children)

(4) Summons (obtain from clerk, or waive via MDA)

(5) Civil Case Cover Sheet (some counties)

(6) Proof of residency (driver's license or utility bill)

Waiting Period: 60 days if no minor children

90 days if minor children are involved

(Per Tenn. Code Ann. § 36-4-103(c)(1): "Bills for divorce

on the ground of irreconcilable differences must have been

on file for sixty (60) days before being heard if the parties

have no unmarried child under eighteen (18) years of age, and

must have been on file at least ninety (90) days before being

heard if the parties have an unmarried child under eighteen

(18) years of age.")

Copies Required: Original + 2 copies (one for spouse, one for your records)

Service: If MDA is signed before filing: MDA constitutes waiver of

service per § 36-4-103(a)(2). No formal service required.

If MDA signed after filing: Spouse must be served within

30 days (sheriff, certified mail, or voluntary appearance).

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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).

______________________________

[PETITIONER FULL NAME]

Date: _______________

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