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Can I Still Get a Divorce if My Divorce Papers Aren’t Signed?

Woman with her hand up while a man is about to sign divorce papers

If you’re considering divorce in Tennessee, you may wonder if you can move forward without both parties signing the divorce papers. The answer is yes — you can still get a divorce without your spouse’s signature in Tennessee, but there are a few things to keep in mind.

Divorce Proceedings Without a Signature

In Tennessee, a divorce can proceed without the spouse’s signature if both parties agree to waive service. This means that the spouse does not need to be served with papers for them to be legally divorced. In addition, if one party has had no contact with the other for four years or more and cannot be located, the court can grant the divorce without the spouse’s signature.

If a party cannot locate their spouse, the court may require them to search public records, newspapers, and other sources to find them. If all efforts fail, then the court can grant an uncontested divorce.

In addition to waiving service, another option for proceeding with a divorce without a spouse’s signature is to file for an uncontested divorce. This means both parties agree to the divorce terms, including division of assets and debts, alimony payments (if applicable), and child custody/visitation arrangements. Even if one spouse does not sign the papers, as long as there is mutual agreement on all major issues, the court can grant an uncontested divorce without their signature.

A contested divorce is necessary if a spouse refuses to sign the papers and won’t cooperate in an uncontested divorce. This involves filing a complaint for divorce with the court and serving it on the other party. The spouse will then have a chance to respond and oppose the divorce. The court can set a hearing for an uncontested divorce if no response is received. At this hearing, the court will review all evidence and determine whether to grant the divorce without the spouse’s signature.

Are You Having Issues Getting Your Divorce Processed?

Getting a divorce can be one of the most emotionally draining processes. If your spouse isn’t signing divorce papers, understanding your rights in this situation and knowing where to turn can be incredibly difficult and overwhelming. That’s why it’s important to reach out for professional help. With years of experience, the compassionate attorneys at Peterson White, LLP understand how emotional this process is and can provide valuable knowledge and insight into these matters. Don’t go through this process alone — contact Peterson White, LLP so we can help. (855) 919-4124