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In the journey toward the finalization of a divorce in Tennessee, the pivotal document that culminates the legal process is the Final Divorce Order Tennessee Form. This crucial form encapsulates the terms of the divorce, including the distribution of assets, custody arrangements, and any provisions for alimony, drawing its substance from prior agreements such as the Marital Dissolution Agreement and the Permanent Parenting Plan Order. To ensure fairness and legality, only the spouse initiating the divorce is required to sign the form; however, attendance of both parties at the court hearing is advisable. The document makes provisions for various scenarios, including the handling of name changes post-divorce, stipulations concerning lawyers' fees and court costs, and instructions regarding the management of joint accounts to prevent issues with creditors. Specifically tailored for the State of Tennessee, the form also addresses restrictions on personal contact post-divorce, with clear mandates regarding restraining orders and protection orders that may exist between the parties. The complexities of the form require that it be comprehensively filled out and brought to the court hearing, accompanied by all pertinent documents previously filed in the case, ensuring that the process proceeds as smoothly as possible. The court's approval of this document marks the legal end of the marriage, restoring the individuals to unmarried status and setting the stage for them to move forward independently.

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State of Tennessee

Court

 

County

 

 

 

 

 

 

(Must Be Completed)

(Must Be Completed)

 

Final Decree of Divorce

File No. _________________

(Marital Dissolution Agreement and

(Must Be Completed)

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):

Street or P.O. Box

City

State

Zip

Phone #

January 2017

(Form 6) Final Divorce Order

Page 1 of 4
cannot send messages to each other through other people.
The Court further orders that they cannot contact each other after the divorce is final. They also
The Court orders both parties not to hurt or threaten the other.
Neither party has a current restraining order or wants a restraining order.
Restraining Order (check one):

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.

Attach a Copy of the Order of Protection. Write the Case Number here:______________________

January 2017

(Form 6) Final Divorce Order

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:

First Name

Middle Name

Last Name

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

January 2017

(Form 6) Final Divorce Order

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:

January 2017

(Form 6) Final Divorce Order

Page 4 of 4
Download Final Divorce Order Tennessee

Document Data

Fact Detail
Form Identification The document is identified as "Final Decree of Divorce (Form 6)" and is specific to the State of Tennessee for use in the event of a divorce proceeding.
Mandatory Signatures Only the spouse initiating the divorce is required to sign the form, although it is recommended that both spouses attend the court hearing.
Included Agreements The form incorporates by reference the Marital Dissolution Agreement and the Permanent Parenting Plan Order, both of which must be agreed upon and notarized prior to filing.
Additional Documents When presenting the form at the court hearing, spouses are advised to bring additional documents like the Divorce Certificate, Title IV-D Child Support Information Form, and any relevant protective orders.
Governing Law Guided by Tennessee Code Annotated (T.C.A.) §36-4-134, the form cautions that the decree does not protect against actions by creditors against either party or property despite the allocation of debts in the agreement.

Detailed Guide for Using Final Divorce Order Tennessee

After reaching an agreement on the terms of your divorce, it's essential to accurately complete and submit the Final Divorce Order form to the court. This document officially ends your marriage and outlines the details agreed upon by you and your spouse. Filing this form requires careful attention to detail to ensure that all your agreements are correctly documented and submitted to the court for approval. Here's a step-by-step guide to help you fill out the Final Divorce Order form in Tennessee.

  1. Enter the name of the State as "Tennessee" and provide the specific County where your divorce case is filed.
  2. Complete the Final Decree of Divorce section with the appropriate File No., which can be found on earlier court documents related to your divorce.
  3. If applicable, fill in the Division/Part number for larger counties that require this information.
  4. Under the Plaintiff and Defendant sections, write the full names (First, Middle, Last) of both spouses, with the plaintiff being the spouse who filed for divorce.
  5. Include the date of the court hearing in the Court Hearing and Findings section, along with the name of the Judge who presided over the hearing.
  6. In the next section, provide contact details for both the Plaintiff and the Defendant, including street or P.O. box, city, state, zip, and phone number.
  7. Check the appropriate boxes relating to restraining orders, if applicable.
  8. Fill out the sections concerning children, confirming that there are children under 18 or disabled and that both spouses have agreed on a parenting plan.
  9. Confirm the agreement on the division of assets, liabilities, and property rights in the section on the Divorce Agreement (Marital Dissolution Agreement).
  10. Determine the terms of alimony, if any, including the amount and duration.
  11. Check the appropriate box to confirm the divorce is based on irreconcilable differences and both parties agree to the terms.
  12. Address any changes of name for either spouse, indicating the new name if applicable.
  13. Provide information on lawyer's fees and court costs, specifying who will be responsible for these expenses.
  14. Under the Other Orders section, be aware of how debts and accounts should be managed post-divorce.
  15. Date and sign the form under "Presented by," including your phone number. Only the spouse filing needs to sign if the other spouse was not present at the hearing.
  16. If your spouse did not attend the hearing, complete the Certificate of Service section, verifying that a copy of the Final Divorce Order was delivered to them, and indicate the method of delivery and date.
  17. Attach all required documents listed at the end of the form, including the Divorce Agreement, Divorce Certificate, Parenting Plan, Title IV-D form, and any others mentioned in your divorce proceedings.

After filing the form with the court, remember that the order is not final until 30 days after the judge's signature. During this time, avoid making significant life changes like remarrying or making large purchases. Always consult with a lawyer if you have questions about your post-divorce rights and responsibilities. Ensuring all information is accurately reported and all necessary documents are attached will streamline the finalization of your divorce.

Important Questions on This Form

What is the Final Decree of Divorce in Tennessee?

In Tennessee, the Final Decree of Divorce is a legal document that officially ends a marriage. It confirms the terms of the divorce agreed upon by both parties, including arrangements regarding any children, division of property, alimony, and other relevant details. This form must be completed, filed, and signed by a judge to finalize the divorce.

Who needs to sign the Final Divorce Order?

Only the spouse who is filing for the divorce is required to sign the Final Divorce Order. However, it's recommended that both spouses attend the court hearing in case the judge has any questions or requires further clarification on certain matters.

What documents do I need to bring to the court hearing?

When attending the court hearing for your divorce, you should bring:

  • The Divorce Agreement (Form 5), signed by both spouses and notarized, if it wasn’t filed with the Request for Divorce.
  • The official Divorce Certificate form obtained from the clerk and completed before the hearing.
  • The Title IV-D Child Support Information Form (only if one of the spouses or children receives SNAP Food Stamps, Families First, or TennCare from the State).
  • The Permanent Parenting Plan, including the Child Support Worksheet.

What happens if the judge thinks our Divorce Agreement is not fair?

If the judge believes that your Divorce Agreement is not fair or equitable to one of the parties, they have the authority not to sign the Final Divorce Order. This may require both parties to revise the agreement or attend further court sessions to determine a fair settlement.

Should I change my name back after the divorce?

If you wish to change your name back after the divorce, you must indicate this on the Final Decree of Divorce form. The Order will then serve as legal evidence of your name change. It's important to update your name on your driver's license, social security card, and other official records, which may require a certified copy of the Order.

How do lawyers' fees and court costs get handled?

Lawyers' fees and court costs can be divided in various ways, depending on what both parties agree to. The options include:

  • Each side pays for their own lawyer's fees.
  • The Plaintiff pays for all lawyers' fees.
  • The Defendant pays for all lawyers' fees.
  • Court costs are divided in half, or one party pays all costs, based on an agreement between the parties.
The Final Decree of Divorce should specify how these costs will be covered.

Does the Final Decree of Divorce protect me from creditors?

No, the Final Decree of Divorce does not necessarily protect you from creditors. Creditors may still attempt to collect debts from you, even if your spouse is responsible for the debt according to the divorce terms. You may need to take additional steps, such as canceling, closing, or freezing jointly held accounts, to protect yourself.

When does the Final Divorce Order become final?

The Order becomes final 30 days after the judge signs it. This waiting period allows for any adjustments or appeals to be made to the Order. During this time, it's advised to consult with a lawyer if you have any questions about remarrying or purchasing property.

What is a Certificate of Service?

A Certificate of Service is a document that proves your spouse was given a copy of the Final Divorce Order. This can be done in person or sent by first-class U.S. Mail to their address. The spouse who filed for the divorce is responsible for ensuring the other party receives this document.

What should I do if my spouse did not attend the court hearing?

If your spouse did not attend the court hearing, you are required to send them a copy of the signed Final Divorce Order by mail. After mailing the document, you must complete the Certificate of Service section of the form, which proves that the document was delivered to your spouse.

Common mistakes

Filling out the Final Divorce Order form in Tennessee is a critical step towards finalizing your divorce. However, it's not uncommon for individuals to make mistakes during this process, which can lead to delays or even more severe complications. By being aware of these common errors, you can ensure a smoother legal process.

  1. Not completing all required sections: Every part of the form, especially those marked "Must Be Completed," requires your attention. Skipping sections or leaving blanks can result in the form being returned to you, which delays the finalization of your divorce.

  2. Incorrect information: Providing inaccurate details, whether it's the names of the spouses, addresses, or information about the children, can have serious repercussions. It's vital to double-check all entries for accuracy before submission.

  3. Failure to attach necessary documents: The Final Divorce Order form requires several attachments, such as the Divorce Agreement (Marital Dissolution Agreement), Divorce Certificate, Permanent Parenting Plan, and others. Forgetting to attach any required document can stall the process.

  4. Alimony and child support mistakes: Mistakes in detailing the alimony or child support sections, like incorrect amounts or failing to specify the payment schedule, can result in confusion or disputes later on. Consider having these sections reviewed by a legal professional.

  5. Not addressing name changes properly: If either spouse intends to change their name back to a maiden or previous name, this needs to be correctly indicated in the form. Neglecting this step may require additional legal procedures to correct the name change officially later.

  6. Forgetting to sign and date: The form mandates the signatures of the plaintiff (the spouse filing for divorce) and possibly the defendant. Missing signatures or dates can render the document incomplete, necessitating its resubmission and further delaying the process.

When completing the Final Divorce Order form, it's also wise to consult with a legal professional or the court clerk if you have any uncertainties. Attention to detail now can save a considerable amount of time and effort, moving you more swiftly towards the next chapter of your life.

  • Ensure all sections are fully completed with accurate information to avoid unnecessary delays.
  • Double-check that all required documents are attached before submission.
  • Be clear and precise when detailing arrangements for alimony, child support, and any name changes.
  • Remember to sign and date the form as required, verifying all information is correct and truthful.

By avoiding these common mistakes, the process of completing the Final Divorce Order in Tennessee can be more straightforward, allowing both parties to focus on moving forward.

Documents used along the form

Finalizing a divorce in Tennessee involves more than just the completion of the Final Divorce Order form. A variety of forms and documents are typically utilized in this process to ensure all aspects of the dissolution are comprehensively addressed. These documents not only establish the legal end of a marriage but also outline the arrangements for any children involved, the division of assets, and any financial support to be provided.

  • Marital Dissolution Agreement (Form 5): This is a crucial document where the divorcing parties agree on the distribution of their marital assets and liabilities. It is signed by both spouses and usually needs to be notarized.
  • Divorce Certificate: This official form from the state verifies that a divorce has been legally finalized. It is essential for legal records and any future remarriages.
  • Title IV-D Child Support Information Form: Required if any of the divorcing parties or children receive benefits such as SNAP, Families First, or TennCare. It provides the court with necessary information regarding child support and welfare.
  • Permanent Parenting Plan: Includes a Child Support Worksheet and outlines custody arrangements, decision-making authority, and a parenting schedule. It ensures the child's best interests are considered and upheld.
  • Order of Protection: This may accompany a divorce order if there are concerns about domestic violence or harassment. It provides for the safety of the involved parties.
  • Notice of Hearing: A document that informs both parties of the date, time, and location of the divorce hearing in court.
  • Financial Declaration Form: Used to disclose each party's financial situation, including income, expenses, assets, and liabilities. It is vital for issues such as alimony and child support.
  • Name Change Request: If one spouse wishes to change their name post-divorce, a request form must be filed. This document makes the name change official and allows for the updating of legal documents.

Together, these documents work in conjunction to the Final Divorce Order to ensure a thorough and fair divorce proceeding. Their completion and submission are integral steps in the process, serving to legally dissolve the marriage while addressing all related factors such as child custody, support, property division, and personal protection. For individuals going through a divorce in Tennessee, understanding and properly filing these documents is crucial for a favorable outcome. It's often advisable to seek legal counsel to navigate the complexities of the divorce process effectively.

Similar forms

The "Final Decree of Divorce", similar to the "Marital Dissolution Agreement", is a critical document in the divorce process. Both serve as written agreements between spouses regarding the terms of their divorce, including asset division, debt responsibilities, and alimony. While the Final Decree of Divorce officially ends the marriage and outlines the divorce terms confirmed by a court, the Marital Dissolution Agreement is an agreement reached between the spouses on these matters before it is approved by the court.

Similarly, the "Permanent Parenting Plan Order" compares closely to the Child Custody and Support Agreement. These documents outline how custody, visitation, and financial support of children will be handled after the divorce. Both are designed to serve the best interests of the children, detailing the responsibilities of each parent, including living arrangements and decision-making authority, ensuring the children's welfare is prioritized.

The "Child Support Worksheet" is akin to the Income and Expense Statement for Child Support calculations. Both documents provide a detailed financial overview of the parents' income, necessary for determining child support obligations. They ensure the support provided is fair and meets the children's needs by considering both parents' financial capabilities.

An "Order of Protection" can be compared to a Restraining Order. These legal documents are designed to protect individuals from harm or harassment by a spouse during and after the divorce process. Both specify certain prohibitions and restrictions against the threatening party, ensuring the safety and well-being of the other spouse and family members involved.

The "Name Change" documentation within the Final Divorce Order has its counterpart in individual Name Change Petitions. Both documents formalize the legal change of a person's name. In the context of a divorce, this often pertains to a spouse opting to return to their maiden name, a process made official through the divorce decree.

The "Court Cost" section of the Final Divorce Order shares similarities with the Financial Affidavit or Statement of Costs. These documents detail the financial responsibilities each party must bear in relation to court fees, attorney fees, and other costs incurred during the divorce proceedings, ensuring transparency and fairness in the allocation of these expenses.

"Lawyer’s Fees" stipulations are also found in Attorney Fee Agreements. These agreements or court orders delineate how each party will manage the costs associated with their legal representation. It’s crucial for a clear understanding and assignment of financial responsibility for legal services rendered throughout the divorce process.

The "Certificate of Service" within the Final Divorce Order parallels the Notice of Service process, an essential step in legal proceedings that ensures all parties are properly informed of court actions, filings, and outcomes. This certificate verifies that the necessary documents have been delivered to the concerned party, maintaining the legal integrity of the communication process between parties and the court.

Dos and Don'ts

When completing the Final Divorce Order in Tennessee, it's important to ensure accuracy and adherence to all required procedures. Below are guidelines outlining what you should and shouldn't do during the process:

What you should do:
  • Ensure all personal information is accurate, including names, addresses, phone numbers, and any other required details for both the plaintiff and defendant.
  • Include all necessary documents such as the Divorce Agreement (Marital Dissolution Agreement), Divorce Certificate, Permanent Parenting Plan (including Child Support Worksheet), and the Title IV-D Child Support Information Form if applicable.
  • Double-check that all sections relevant to your situation, such as child custody, support, alimony, and property division, are fully completed and accurate according to your agreement.
  • Make certain that both the Plaintiff and Defendant sign the Final Divorce Order where required, and ensure the delivery of a copy to the non-attending spouse if they did not attend the hearing, completing the Certificate of Service section accordingly.
What you shouldn't do:
  • Don’t leave mandatory fields incomplete. Fields marked with "Must Be Completed" are crucial for the processing of your Final Divorce Order.
  • Avoid inaccuracies or omissions in disclosing assets, liabilities, and provisions for children, as these can result in unfair or unenforceable agreements.
  • Refrain from signing the document before all agreements are finalized and understood. Signing under penalty of perjury means all information must be true and complete to the best of your knowledge.
  • Do not overlook the implications of a restraining order, name change, lawyer’s fees, and court costs sections. Be clear on what applies to your situation and ensure it is reflected accurately in the document.

Misconceptions

There are several misconceptions about the Final Divorce Order in Tennessee that need to be clarified:

  • Only the spouse asking for the divorce must sign the order: While it's true that the initiating spouse must sign the Final Divorce Order, it is a common misconception that this is all that is required. Both parties should ideally be involved in the process, and it's advisable for both to attend the court hearing to answer any questions the court may have.
  • The judge will automatically sign the order if presented: Many people mistakenly believe that the judge only needs to be presented with the Divorce Agreement for it to be approved. However, the judge has the discretion not to sign the Final Divorce Order if they believe the Divorce Agreement is unfair or does not adequately provide for the children’s needs.
  • The Final Decree instantly allows for remarriage: A key misunderstanding is that individuals can remarry immediately after the Final Decree of Divorce is issued. The Order is not final until 30 days after the judge signs it. Individuals should consult with a lawyer regarding questions about remarrying or financial transactions following the decree.
  • Name changes are automatic: Another misconception is that a change of name for either party is automatically included in the Final Decree of Divorce. The truth is, the document specifies whether a name change has been granted and to whom. Post-divorce, one must still update their name on all legal documents and identifications.
  • The decree absolves individuals from joint debts: It's incorrectly assumed that the Final Decree of Divorce removes one's obligation from any joint debts incurred during the marriage. Creditors may still seek repayment from either party, regardless of who was assigned the debt in the divorce agreement.
  • Child support and custody are minor components: Some individuals may not understand the significance of the Permanent Parenting Plan, which includes child support and custody arrangements. The court carefully reviews these plans to ensure they are in the best interest of the child(ren) before incorporating them into the Final Decree of Divorce.

Understanding the intricacies of the Final Divorce Order in Tennessee is crucial for individuals going through the divorce process. Misconceptions can lead to unexpected outcomes, making it vitally important for both parties to be well-informed and to consult with legal counsel if necessary.

Key takeaways

Filling out the Final Divorce Order in Tennessee is a crucial step in officially concluding the divorce process. Here are five key takeaways to keep in mind:

  • When preparing to finalize your divorce, only the spouse initiating the divorce is required to sign the Final Divorce Order form. However, it's recommended for both spouses to attend the court hearing in case the judge has questions or requires further clarification.
  • Bringing all pertinent documents to your court hearing is essential. This includes the Divorce Agreement, Divorce Certificate, Title IV-D Child Support Information Form (if applicable), and Permanent Parenting Plan with the Child Support Worksheet. These documents play a significant role in the court's final decision.
  • The Final Decree of Divorce will not only dissolve your marriage but also enforce the agreements made regarding alimony, child custody, and the division of property as outlined in your Divorce Agreement and Permanent Parenting Plan. The court must find these arrangements fair and in the best interest of any children involved.
  • It’s crucial to understand that the court’s approval of your Final Divorce Order can affect name changes, lawyer’s fees allocation, and court costs. Any agreed name changes will require a certified copy of the Order to update your driver's license or other records.
  • The Final Divorce Order becomes effective 30 days after the judge's signature. During this period, individuals are advised to consult with a legal professional before making significant decisions such as remarrying or purchasing property. Moreover, it's important to serve your spouse with the Final Divorce Order if they were not present at the hearing, fulfilling the Certificate of Service requirement.

Remember, the Final Divorce Order is a legally binding document that finalizes the divorce proceedings. Understanding and accurately completing this form is key to ensuring a smooth transition into the next chapter of your life.

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