If you and your spouse are considering ending your marriage but want to avoid a lengthy court battle, you may have heard the term “agreed divorce.” But what is agreed divorce exactly, and how does it function under Tennessee law?
At the Agreed Divorce Clinic, we have helped thousands of Tennessee couples navigate this respectful, affordable alternative to traditional litigation. With over 40 years of experience, attorney Frank Kessler specializes exclusively in this type of divorce, making the process straightforward and stress-free.
Definition: Agreed Divorce in Tennessee
Under Tennessee Code Annotated § 36-4-103, an agreed divorce—also known as an uncontested divorce or divorce by irreconcilable differences—is a legal proceeding where both spouses sign a formal agreement resolving all aspects of their marriage before filing for divorce.
Unlike a contested divorce where a judge decides the terms, an agreed divorce puts control back in your hands. You and your spouse decide how to divide property, handle debts, and, if applicable, arrange parenting responsibilities. The court’s role is simply to review the agreement and issue the final decree.
In short: An agreed divorce in Tennessee is a mutual, cooperative process where both parties work together—with legal guidance—to dissolve their marriage efficiently.
How It Differs From Contested Divorce
The difference between agreed and contested divorce is night and day. Here is a comparison to help you understand:
| Factor | Agreed Divorce | Contested Divorce |
|---|---|---|
| Cost | Flat fee starting at $1,100 + court costs | $10,000–$25,000+ in attorney fees |
| Timeline | 4–8 weeks from filing to final decree | 6 months to 2+ years |
| Court Appearance | None required | Multiple appearances required |
| Decision Maker | You and your spouse | Judge (after litigation) |
| Stress Level | Low—cooperative | High—adversarial |
| Privacy | High—documents filed discreetly | Low—public hearings and testimony |
Step-by-Step: How an Agreed Divorce Works
Understanding the process helps alleviate anxiety. Here is how an agreed divorce works with our firm:
Step 1: Reach an Agreement
You and your spouse discuss and agree on all major issues: division of property and debts, spousal support (if any), and, for families with children, a Parenting Plan and Child Support Worksheet.
Step 2: Free Consultation
Contact our Cookeville office at (931) 537-9920 for a free consultation. We will review your situation, ensure you qualify for an agreed divorce, and explain the flat fee structure.
Step 3: Document Preparation
Our office drafts all necessary legal documents, including the Marital Dissolution Agreement and the Complaint for Divorce. We handle everything in compliance with Tennessee Title 36 family law statutes.
Step 4: Review & Sign
We send the documents for your review. Once you are satisfied, you and your spouse sign the agreement before a notary. You never need to step foot in a courtroom.
Step 5: Filing & Finalization
We file the documents with the appropriate Tennessee court. After the mandatory 60-day waiting period (if applicable) and judicial review, the court enters the final decree of divorce.
What Both Spouses Must Agree On
For an agreed divorce to be possible, you must reach consensus on every aspect of your separation. This includes:
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Division of Marital Property: Real estate, vehicles, bank accounts, retirement funds, and personal belongings.
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Marital Debts: Credit cards, loans, and other liabilities.
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Spousal Support (Alimony): Whether it will be paid, for how long, and in what amount.
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Parenting Plan: For couples with minor children, this includes a residential schedule, decision-making authority, and holiday arrangements.
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Child Support: Calculated using the Tennessee Child Support Guidelines.
If you agree on all these points, you are an excellent candidate for an agreed divorce.
Why Choose Agreed Divorce Clinic in Cookeville, TN
Based in Cookeville, Tennessee, the Agreed Divorce Clinic has helped thousands of couples across the state—from Cookeville and Putnam County to surrounding Middle Tennessee communities. Here is why clients choose us:
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Specialized Expertise: We do not handle contested divorces. We focus exclusively on agreed and uncontested cases, which means we have perfected this process.
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40+ Years of Experience: Attorney Frank Kessler brings decades of legal knowledge to every case, ensuring your agreement meets Tennessee statutory requirements.
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Privacy Protection: We file your documents outside your home county (if you choose) to protect your privacy from local gossip.
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No Court Appearances: Everything is handled by mail and notarized signatures.
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Affordable Flat Fee: Our pricing is transparent—no hourly billing, no surprises.
Real Client Scenario (Anonymised)
One recent client, a couple from Putnam County with two children, came to us after months of trying to navigate the divorce process on their own. They had already agreed on how to divide their home and parenting time but were unsure how to formalize it. Within three weeks of their free consultation, we had prepared their Marital Dissolution Agreement, Parenting Plan, and Child Support Worksheet. They signed the documents in the privacy of their home, and 45 days later, their divorce was final. Total cost: our flat fee plus court costs. No arguments, no court dates.
Frequently Asked Questions
What does agreed divorce mean in Tennessee?
An agreed divorce in Tennessee is a divorce where both spouses sign a written agreement resolving all issues—property division, debt allocation, and, if applicable, parenting arrangements—before the divorce is filed. It is filed under Tennessee’s “irreconcilable differences” statute.
Is an agreed divorce the same as uncontested?
Yes. In Tennessee, “agreed divorce” and “uncontested divorce” are used interchangeably. Both terms mean that neither spouse is contesting the divorce or disputing the terms of the settlement.
Do both spouses need to sign?
Yes. For an agreed divorce to proceed, both spouses must sign the Marital Dissolution Agreement and the divorce complaint. If one spouse refuses to sign, the divorce becomes contested and follows a different legal path.
How long does an agreed divorce take?
In Tennessee, an agreed divorce typically takes 4 to 8 weeks from the date of filing to finalization. Tennessee law imposes a 60-day waiting period for divorces involving minor children. For couples without children, the process can be even faster.
Ready to Move Forward?
If you and your spouse are ready to end your marriage respectfully and affordably, we are here to help. With over 40 years of experience, the Agreed Divorce Clinic offers the expertise you need and the peace of mind you deserve.
Call (931) 537-9920 for a free consultation or submit the form at agreed-divorce.com to get started today.