The Final Divorce Order Tennessee form, an essential document in the legal separation process, serves as the conclusive decree that formalizes the dissolution of marriage in the State of Tennessee. This form encapsulates the agreements reached regarding marital dissolution, parenting plans, and financial arrangements, and mandates filing with the court to finalize the divorce. Despite being primarily signed by the initiating spouse, both parties are encouraged to attend the court hearing to address any potential inquiries from the judge. Click the button below to fill out the form and move forward with finalizing your divorce.
In the landscape of family law, the process of legally ending a marriage involves several critical steps and documents, one of which is the Final Divorce Order in Tennessee. This document represents the culmination of the divorce process, where the terms agreed upon by both parties, including asset division, alimony, child support, and parenting plans, are formalized by the court. The form serves not only as a record of the dissolution of marriage but also outlines the responsibilities and rights of each party post-divorce. Additionally, it includes provisions regarding restraining orders and name changes, if applicable. It is imperative for the spouse seeking the divorce to sign this form and attend the court hearing, although it is advisable for both spouses to be present. This document, embodying the final decree of divorce, marks a significant milestone as it legally restores the parties to the status of unmarried individuals, underscoring the importance of a clear and fair agreement endorsed by the court for the welfare of all involved.
State of Tennessee
Court
County
(Must Be Completed)
Final Decree of Divorce
File No. _________________
(Marital Dissolution Agreement and
Permanent Parenting Plan Order)
Division/Part _________________
(Form 6)
(Large Counties Only)
Plaintiff
(Name: First, Middle, Last of spouse filing the divorce)
Defendant
(Name: First, Middle, Last of the other spouse)
If you are ready to finalize your divorce, you must fill out this form and file it with the court clerk. Only the spouse asking for the divorce must sign it, and that spouse must go to the court hearing. BUT, it is a good idea for both spouses to go in case the court has questions. Ask the court clerk for the rules in your county. The Judge does not have to sign this Order if he/she thinks your Divorce Agreement is not fair.
Take a copy of this form with you to your court hearing. It is best to bring all copies of documents you have filed in this case and take:
•Divorce Agreement, Form 5, signed by both spouses and notarized if not filed with Request for Divorce
•Divorce Certificate - you must get the official state form from the clerk and have it filled out before you go into court.
•Title IV-D Child Support Information Form – you only need this form if one of the spouses or children receive SNAP Food Stamps, Families First (AFDC) and/or TennCare from the State.
•Permanent Parenting Plan, including Child Support Worksheet
Court Hearing and Findings:
On (Date)
, there was a court hearing at the court and county listed above
(MM/DD/YYYY)
before :
.
(Judge's Name)
Parties at the hearing:
Plaintiff (Spouse filing the divorce):
Street or P.O. Box
City
State
Zip
Phone #
Defendant (The other spouse):
January 2017
(Form 6) Final Divorce Order
Page 1 of 4
The Court affirmatively finds as follows:
The spouses have sworn and affirmed they have children together who are under 18, in high school or disabled and neither spouse is pregnant. Children together means children they had together before the marriage and all children born or adopted during their marriage.
The spouses have both signed under penalty of perjury a proposed permanent Parenting Plan that includes all children the parties have together.
The spouses have made adequate and sufficient provision for the custody and support of all of their children and the court finds the proposed permanent Parenting Plan, including the parenting schedule, is in the children's best interest.
The spouses have both signed under penalty of perjury a Divorce Agreement (Marital Dissolution Agreement). That Agreement has disclosed fully the spouses' assets and liabilities and the court finds it equitably settles any and all property rights between them.
Alimony
Neither spouse wants alimony OR
The (check one): Plaintiff Defendant agrees to pay (amount):
each Week Month Other
The alimony will end on (date): __________________________OR
The alimony will end when this happens: ___________________________________________
____________________________________________________________________________.
The spouses are now divorced based on irreconcilable differences and are restored to the rights and privileges of unmarried persons. The Permanent Parenting Plan and Divorce Agreement (Marital Dissolution Agreement) are now a part of this Final Decree of Divorce.
Orders of Protection (check one):
Neither party has a current Protective Order.
The Court ends the current Protective Order.
The Court continues the current Protective Order from this Court until (MM/DD/YYYY): _____________.
Attach a Copy of the Order of Protection. Write the Case Number here:______________________
The parties have an Order of Protection in a different court. This Final Divorce Order does not change that Order of Protection.
Page 2 of 4
Name Change (check one):
This Order does not change either party’s name.
This Order changes the Plaintiff’s name to:
First Name
Middle Name
Last Name
This Order changes the Defendant’s name to:
Important! You need to change your name on your driver’s license or other records. You may need a certified copy of this Order to do that.
Lawyers’ fees (check one):
Neither side has a lawyer.
The Plaintiff will pay for his/her lawyer’s fees. The Defendant will pay for his/her lawyer’s fees.
Other (explain):
________________________________________________________________________________
Court Costs will be paid as follows (check one):
The Plaintiff and Defendant will each pay half of the court costs.
Plaintiff will pay all costs.
Defendant will pay all costs.
Other agreement: _________________________________________________.
Other Orders
Notice: The Final Decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. It may be in a party's best interest to cancel, close or freeze any jointly held accounts. T.C.A. §36-4-134.
What this means: This Order does not protect you against creditors. They may try to collect from you, even if your spouse is supposed to pay the debt. It may be best to cancel, close, or freeze any accounts you have together.
This Order is made on Date (MM/DD/YYYY):
by:
Judge’s signature
Page 3 of 4
This Order is not final until 30 days after the Judge signs it. During those 30 days, you may have questions about remarrying or buying property. If so, talk to a lawyer.
Presented by: _______________________________________________________________
Person Getting the Order
Plaintiff’s Signature
Date (MM/DD/YYYY):
Plaintiff’s Phone Number:
Defendant’s Signature
Date: (MM/DD/YYYY)
Defendant’s Phone Number:
If your spouse did not go to this hearing, you must mail him/her a copy of this signed Final Divorce Order. Then fill out the part below.
Certificate of Service:
I swear and affirm that a copy of the Final Divorce Order was given to my spouse. It was delivered in person or sent by first-class U.S. Mail to this address:
I did so on the __________ day of ____________________ 20_______.
Spouse who mails it signs here:
Street Address:
City, State, Zip
Phone number:
Attached:
Divorce Agreement – Marital Dissolution Agreement (if not already submitted)
Divorce Certificate (if not already submitted)
Parenting Plan including Child Support Worksheet (if not already submitted)
Title IV-D Form (if not already submitted)
Other:
Page 4 of 4
Filling out the Final Divorce Order in Tennessee marks a significant milestone in the process of legally ending a marriage. This document, essential for making your divorce official, must be completed accurately and submitted to your county's court. Both parties should be prepared to attend the court hearing, although only the plaintiff (the spouse filing for divorce) is required to sign this particular form. Completing this form accurately ensures the judge can review and, if deemed fair and in accordance with state laws, finalize the divorce. Here is a detailed guide to fill out the Final Divorce Order form successfully.
Upon completing these steps, the form should be filed with the court clerk in the county of filing. It's essential to have copies of all attached documents and any other relevant paperwork filed during the divorce process for your records. Remember, this document, once signed by the judge and the 30-day period has passed, will officially end your marriage, returning both parties to the status of unmarried individuals.
What is a Final Divorce Order in Tennessee?
A Final Divorce Order in Tennessee is a document that officially ends a marriage in the state. It includes the decisions made about important aspects such as child custody, support, alimony, and division of property and debts. This document is filed with the court clerk, and it must be signed by the judge to become effective.
Who must complete and sign the Final Divorce Order form?
Only the spouse who is requesting the divorce needs to sign the Final Divorce Order form. However, it is beneficial for both spouses to attend the court hearing, as the judge might have questions or require further clarifications from either party.
What documents are required along with the Final Divorce Order when going to court?
You should bring several documents to your court hearing, including the signed and notarized Divorce Agreement (Form 5), if not already filed, the Divorce Certificate, the Title IV-D Child Support Information Form (if applicable), and the Permanent Parenting Plan along with the Child Support Worksheet.
Can the judge refuse to sign the Final Divorce Order?
Yes, a judge can refuse to sign the Final Divorce Order if they believe the Divorce Agreement is not fair or does not adequately provide for the welfare and support of children involved. It’s essential that agreements made between the spouses are equitable and in the children's best interests.
What happens after the court hearing?
After the court hearing, if the judge signs the Final Divorce Order, your divorce is not immediately finalized. The Order becomes final 30 days after the judge's signature. During this period, parties may not remarry and should consult with a lawyer regarding any major financial decisions.
Is it necessary to change your name on your driver’s license after a name change in the Final Divorce Order?
If your name has been changed in the Final Divorce Order, you are responsible for updating your name on your driver's license and other records. You may need a certified copy of the Order to do this.
Who is responsible for the court costs and lawyer’s fees?
Responsibility for court costs and lawyer's fees is determined within the Final Divorce Order. It can vary based on the agreement between the parties. The Order may specify that the costs are shared, that each party pays their own, or that one party is responsible for all costs.
Does the Final Decree protect me from creditors?
No, the Final Decree does not protect you from creditors. If your spouse was responsible for a debt post-divorce and fails to pay, creditors might still attempt to collect from you. Managing joint accounts by either canceling, closing, or freezing them is often advisable.
What is the Certificate of Service?
The Certificate of Service is a section of the Final Divorce Order form where the filing spouse affirms they have delivered a copy of the Order to their spouse. This can be done in person or by first-class U.S. mail, and the spouse must indicate the date the delivery or mailing occurred.
What should I do if my spouse did not attend the court hearing?
If your spouse did not attend the court hearing, you must mail them a copy of the signed Final Divorce Order. Afterwards, complete the Certificate of Service portion of the Final Divorce Order form to verify that this requirement has been met.
Filling out the Final Divorce Order in Tennessee is a critical step in concluding the divorce proceedings, but it is prone to common mistakes that can delay or complicate the process. One of the first errors is not completing all required fields, including the State of Tennessee, court, and county sections at the beginning of the form. This oversight could lead to the rejection of the form by the court clerk, as these sections indicate where the divorce case is being filed and are essential for processing the document.
Additionally, individuals often overlook the importance of accurately listing both parties' full names - including the first, middle, and last names - for the plaintiff and defendant sections. This detail is vital for legal documentation and ensures that the divorce decree correctly identifies the parties involved. Incorrect or incomplete names can create future complications, especially in legal or official documentation scenarios.
Another mistake is failing to attach or reference essential documents, such as the Divorce Agreement (Marital Dissolution Agreement), Divorce Certificate, Title IV-D Child Support Information Form, and the Permanent Parenting Plan including Child Support Worksheet. These documents are integral to the divorce proceedings as they outline the agreements made between the parties regarding assets, child support, and custody arrangements. Not attaching these documents can lead to delays and may require additional court dates to rectify the oversight.
Underestimating the significance of the court hearing and findings section is also a common mistake. This part of the form records the decisions made during the court hearing, including agreements on children, property distribution, alimony, and other orders. Failure to accurately record these details can lead to misunderstandings or disputes post-divorce, especially regarding financial obligations and child custody arrangements.
Moreover, individuals often mishandle the sections regarding restraining orders, name changes, and lawyers' fees. These sections require careful attention, as they involve personal safety, identity, and financial obligations. Neglecting to check the appropriate boxes or provide detailed information can overlook crucial aspects of the divorce decree, potentially leading to legal issues or the need for amendments in the future.
Lastly, a significant mistake is not properly executing the certificate of service, especially if one spouse did not attend the hearing. This certificate validates that the non-attending spouse has been notified of the divorce order. Incorrectly filling out this part, or failing to mail a copy of the order as required, can invalidate the divorce process, requiring it to be corrected and resubmitted.
Filing for divorce involves more than just completing the Final Divorce Order. Several other crucial documents often accompany this form to ensure that all aspects of the marriage dissolution are clearly outlined and legally recognized. These documents include legal agreements, court orders, and mandatory state forms that detail every aspect of the divorce. Below is a description of up to seven key documents often used in conjunction with the Final Divorce Order in Tennessee.
Together, these forms paint a full picture of the terms of the divorce, the division of assets, debts, parental responsibilities, and protective measures if necessary. While the process may seem overwhelming, each document serves a specific purpose to ensure the legal and fair resolution of the divorce. It's always recommended to seek legal counsel when navigating through these documents to ensure your rights are protected and the process is completed correctly.
The Final Divorce Order Tennessee form shares similarities with a Marital Dissolution Agreement (MDA). The MDA, like the Final Divorce Order, outlines the terms to which both spouses have agreed regarding the division of marital property, debts, and, if applicable, alimony. These agreements serve as the backbone of the Final Divorce Order, ensuring that both parties have a clear understanding of their rights and responsibilities post-divorce. By incorporating the MDA contents directly or by reference, the Final Divorce Order legally formalizes these agreements, making them enforceable by the court.
Another document closely related to the Final Divorce Order Tennessee form is the Permanent Parenting Plan (PPP). This document outlines the arrangements regarding the care, custody, and support of any children from the marriage. The parenting plan, which must be agreed upon by both parents, covers aspects such as the residential schedule for the children, decision-making authority, child support, and how future disputes about the children will be resolved. Within the Final Divorce Order, the terms of the PPP are affirmed and given legal force, ensuring that both parents adhere to the agreements made regarding their children.
The Order of Protection is also related but serves a distinct purpose compared to the Final Divorce Order. While the Final Divorce Order resolves the legal matters of the divorce, including property division, parenting arrangements, and financial support, an Order of Protection is designed to ensure the safety of a spouse by legally restricting the other from coming into contact or behaving threateningly towards them. If an Order of Protection exists between the spouses or if one is requested during the divorce proceedings, the Final Divorce Order will acknowledge its existence or the court’s decision regarding such an order, ensuring it remains in effect post-divorce when necessary.
Lastly, a Title IV-D Child Support Information Form bears relevance to the Final Divorce Order, particularly in cases involving child support. This form is used when child support will be processed through the state, often when one of the parties receives public assistance. The importance of this document lies in its role in ensuring that child support is calculated correctly according to state guidelines and that the responsible party provides support as dictated by the Permanent Parenting Plan. The Final Divorce Order encompasses these arrangements, granting them legal validation and ensuring that child support obligations are clear and enforceable.
When you're filling out the Final Divorce Order in Tennessee, the details you provide are crucial for the legal finalization of your divorce. To make this process as smooth as possible, here are some things you should and shouldn't do:
Do's:
Don'ts:
Many people hold misunderstandings about the process and implications of a Final Divorce Order in Tennessee. It is vital to address these misconceptions for individuals going through this legal process to have clear expectations and to make informed decisions.
Only the spouse who files for divorce needs to be present at the court hearing. Although the form suggests that only the spouse who files must attend, it is advantageous for both spouses to be present. This ensures both parties can address any inquiries the court may have.
The Judge will automatically sign the Final Order. The court's agreement is not a mere formality; the judge must review and agree that the Divorce Agreement is fair before signing the Final Divorce Order.
The Divorce Agreement is optional. Submitting a Divorce Agreement is a critical step in the process. It outlines the division of assets, liabilities, and, if applicable, alimony and custody arrangements. This agreement must be signed and notarized (if not already filed) to be considered valid by the court.
A Title IV-D Child Support Information Form is always required. This form is necessary only if one of the spouses or children receives benefits such as SNAP Food Stamps, Families First (AFDC), or TennCare.
Orders of Protection are automatically dismissed after a divorce. The Final Divorce Order will specify whether any existing Orders of Protection are to continue, be dismissed, or are unaffected by the divorce proceedings.
Name changes are automatic upon divorce. A name change upon divorce is not automatic; specifics must be requested in the Final Order, and individuals must follow up with the necessary agencies to legally effect the name change.
Lawyer and court fees are equally divided. The document allows for different arrangements regarding the payment of lawyer and court fees, not necessarily an equal division. These details are determined by the court or agreements between the parties.
The Final Divorce Order is immediately effective. The Order is not final until 30 days after the Judge signs it. During this period, any actions such as remarrying or significant financial decisions should be approached with caution and, ideally, legal advice.
Understanding these nuances is crucial for anyone navigating through a divorce in Tennessee. Clearing up these misconceptions ensures that individuals can better prepare for the process and outcomes of their divorce proceedings.
Filling out and using the Final Divorce Order form in Tennessee is a crucial step towards finalizing the process of legally ending a marriage. Understanding the key takeaways associated with this form helps ensure that the involved parties are adequately prepared, informed, and in compliance with the state's legal requirements. Here are 10 key takeaways:
Ultimately, filling out the Final Divorce Order form in Tennessee requires careful attention to detail and a thorough understanding of the legal implications of divorce. Both parties are encouraged to seek legal advice to navigate this process effectively, ensuring that their rights and interests are adequately protected.
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