In Tennessee, people need to give a reason as to why they are getting divorced. Some of the grounds for divorce include adultery, cruel treatment and abandonment.
However, for some, the easiest solution is to simply say they have irreconcilable differences. Even if they use this option, there are basic requirements that must be met to get a divorce. Knowing the law and if the couple’s situation makes this is the wisest strategy is essential.
Divorce due to irreconcilable differences is generally easier
If the couple has decided to use irreconcilable differences as the justification for their divorce, they are essentially saying the marriage is over, cannot be saved and they have negotiated and agreed to all the key issues in the case. In many divorces, the sides disagree over some or all relevant issues. This type of divorce avoids a contentious case.
For example, the parties could have children, substantial property and need to determine how much spousal support will be paid. With these factors, the sides will decide how to address them. They can agree which parent will have custody of the children and how parenting time will be organized. They could agree on their own how to split or dispose of property and debt. They can forge a support agreement that both are satisfied with.
The court will gauge the agreements to ensure they are reasonable, fair and provide sufficiently for the child and the receiving spouse. The court can order changes be made and the sides will need to be present at a hearing to ratify those amendments.
There are time considerations with this kind of divorce. Those who have no unmarried children under 18 must wait 60 days before the case is heard. Those who do have unmarried children under 18 must wait 90 days. If one side contests the case, then there cannot be a divorce based on irreconcilable differences.
Divorce can be made easier by filing due to irreconcilable differences
Some cases cannot be settled by claiming the marriage is no longer working without mentioning other grounds for the divorce. If there is discord over child custody, property, support and other issues, then this might not be the best strategy. Still, many people can benefit from negotiation and simply moving on. If the couple is on reasonably good terms and can agree without rancor, it is something to explore to save time, money and stress.