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Tennessee Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Tennessee. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Tennessee, certain forms may or may not be required by the Tennessee courts.
Civil Case Cover Sheet, Form 10
The Civil Case Cover Sheet lists all the information required by the court, including the names of the parties, the type of action, whether the Petitioner plans to file in forma pauperis and the type of service required.
Complaint for Divorce, Form 100
The Complaint for Divorce identifies the parties, the nature of the action, and relief sought, including addresses, date and place of marriage, separation date, pregnancy of wife, court orders concerning children, grounds for the action, property and proposed division of assets and debts. The Complaint must be verified by the Petitioner and signed before a notary. If a Marital Dissolution Agreement or a Proposed Parenting Plan is attached to the complaint, it too must be verified before a notary.
Amendment, Form 115
An Amendment is filed if the Complaint must be amended, for example, if the couple reach an agreement and file a Marital Dissolution Agreement as part of an amended complaint.
Summons, Form 40
The Summons gives the Respondent 30 days to file Answer after having received it and the Complaint, if the papers are served by a deputy sheriff, who returns a proof of service to the Petitioner. No Summons is required, however, if the spouses file a signed and verified Marital Dissolution Agreement with the Complaint. If the Respondent does not file an Answer within 30 days, he or she faces a default in favor of the Petitioner.
Affidavit of Service, Form 50
An Affidavit of Service certifies that the Summons and Complaint have been delivered to the Respondent, if the papers are served by someone other than the deputy sheriff.
Affidavit of Indigency, Form 30
The Affidavit of Indigency asserts the Petitioner's claim that he or she cannot afford the filing fees and associated costs of the action.
Marital Dissolution Agreement, Form 400
The Marital Dissolution Agreement, signed by both spouses, is used when both are in agreement about the terms and conditions of the division and distribution of assets and liabilities of the marriage. The agreement cannot be more than 180 days old when the judge signs the divorce decree.
Answer, Form 110
The Answer, which is verified and notarized, is filed by the Respondent when he or she wishes to contest some or all of the allegations made in the Complaint. The Answer may include a Counterclaim, in which the Respondent agrees to the divorce but asserts a different ground from the one claimed by the Petitioner. At the same time, the Respondent may file a Temporary Parenting Plan, which happens when custody and visitation are undecided issues between the parties. When completed, the Answer requires a Certificate of Service, attesting to the fact that the Respondent served it on the Petitioner.
Permanent Parenting Plan, Form 145
The Permanent Parenting Plan, which is signed by both parents, spells out the terms and conditions of custody and visitation when there are minor children involved in the divorce.
Temporary Parenting Plan, Form 140
A Temporary Parenting Plan may be filed by either parent in contested actions. In a divorce with minor children, the Temporary Parenting Plan spells out the terms and conditions of custody and visitation on a temporary basis pending a final court order.
Parenting Class Certificate
Both parents, within 30 days of the service of process, must attend a four-hour parenting class, after which each parent is given a Parenting Class Certificate that must be presented to the court. No form is required.
Wage Assignment Order (Form 340)
The Wage Assignment Order is required if the Parenting Plan provides for third-party collection and distribution of child support payments, as it often does.
Final Decree, Forms 410, 411 or 412
One of three forms is used for the Final Decree. They are as follows:
> Form 410, used when the Respondent defaults and the Petitioner receives a Default Divorce;
> Form 411, used by the Petitioner and Respondent negotiate a uncontested action;
> Form 412, used when the Defendant contests the action.
Divorce Certificate, Form PH1682
The Certificate of Divorce, an official form of the Department of Health, records the action for state records. Some of the questions on this form cannot be completed until the case is over and the decree granted.
Statutory Injunction Against Both Parties, Form 300
The Statutory Injunction against Both Parties prohibits the parties from removing children from the state, harassing each other and dissipating marital assets. This court order is issued in both contested and uncontested divorces.
Motion for Default Judgment, Form 240
A Motion for Default Judgment, filed by the Petitioner, which asks the court to order a default judgment against the Respondent after the 30-day period specified in the Summons has elapsed, and he or she has not filed an Answer.
Order Granting Default Judgment, Form 360
The Order Granting Default Judgment orders the default judgment after the motion has been filed.
Title IV-D Information, Form 415
The Title IV-D Information must be filed if either parent is receiving assistance from the State of Tennessee.
Motion for Injunctive Relief, Form 200
The Motion for Injunctive Relief, usually filed by the Plaintiff or Petitioner, is used when protection of a spouse or child is required.
Motion for Temporary Relief, Form 210
The Motion for Temporary Relief. filed by the Plaintiff of Petitioner, is used if the party needs temporary support pending the outcome of the divorce.
Statement in Support of Motion, Form 230
The Statement in Support of Motion is filed when a party needs to support grounds for another motion.
Financial Declarations, From 280
Financial Declarations may be filed in support of an allegation of financial need.
Injunction, Form 310
An Injunction is used by a party when he or she seek to prohibit or compel an action by the other spouse.
Temporary Order of Relief, Form 320
A Temporary Order of Relief may be sought by either party when temporary relief is required pending the outcome of the divorce.
Subpoena, Form 260
A Subpoena may be issued in the event that the divorce requires a witness, as may be the case in contested actions.
Witness and Exhibit Lists, Form 270
The Witness and Exhibit Lists are furnished to the adverse party in contested actions.
Motion, Form 220
The Motion form may be used for a request of the court that is not covered by any other standard form.
Order, Form 330
The Order is a form for court orders not covered by any other form.
Motion to Set Case for Hearing, Form 225
The Motion to Set Case for Hearing, filed by the Plaintiff, sets a trial date.
Order Setting Case for Hearing, Form 335
The Order Setting Case for Hearing is used to order a divorce trial.
The Tennessee court may award child custody to either parent, or to both parents in the case of joint custody or shared parenting based on the best interests of the child, taking the following factors, among others, into consideration: the emotional ties, love, and affection between the parents and the child, the ability of the parents to provide adequately for the child, the quality of the child's adjustment to the present environment, including the home, school, and community, provided there is no evidence of child abuse, and the parenting abilities of each parent, including their willingness to encourage a close and continuing relationship between the child and the other parent.
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