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Why does Tennessee have 2 waiting periods for divorce?

On Behalf of | Sep 24, 2024 | Divorce

Many states have a waiting period for divorce. This begins on the day that the divorce petition is officially filed. The court has the petition, but it can’t actually issue a divorce for a set amount of time. In other words, even if you and your spouse agree on everything, you can’t get divorced in just a few days. The court must have the paperwork on file until that deadline is satisfied.

In Tennessee, though, there are two different waiting periods. For some couples, they have to wait for at least 60 days. But for others, the limit may be set an entire month higher, at 90 days. Why does Tennessee use this system, and which waiting period would you qualify for?

Issues regarding children

The biggest question to ask is simply whether or not you have a child who is unmarried and under 18 years old. If you do still have minor children who are your dependents and who live with you, then you have to wait for 90 days. But if you do not have any minor children in the house, then the waiting period is just 60 days.

This is not the only way in which children can make a divorce take longer. There are also additional steps that need to be taken. Instead of just dividing assets, you also have to divide physical and legal custody of your children. Disputes often arise over child custody arrangements, so the court may have to issue a court order.

Getting the process underway

Because this can be a lengthy and complicated process, it’s important to look into all of your legal options so that you know what steps to take as you get started.