If you want a divorce, but your spouse is uncooperative, do not worry. Since Tennessee is a no-fault state which allows one spouse to file for divorce on the grounds that the marriage partners have irreconcilable differences, even if the other spouse is opposed to the divorce. The paperwork that begins this process is called a Request for Divorce (Complaint). The Complaint along with certain other documents, must be properly served on the uncooperative spouse by either sheriff or process server. If the spouse fails to respond to the Complaint within 30 days, then you can request a default judgment.
The default process begins in Tennessee with completing a Motion for Default Judgment and an Order Granting Default Judgment and serving the motion on your spouse. You must write the date of service on both documents and file the motion with the court. You will receive a hearing date, during which you will bring the Order Granting Default Judgment for the judge to sign. A spouse cannot force you to stay married to them.
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