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The State of Tennessee provides a critical document for couples approaching the conclusion of their divorce process: the Final Divorce Order form, officially known as Form 6 for larger counties. This comprehensive form serves as the concluding legal decree that solidifies the dissolution of marriage, incorporating vital agreements such as the Marital Dissolution Agreement and the Permanent Parenting Plan Order. For a divorce to be finalized, the spouse who initiated the divorce filing is required to complete, sign, and submit this form to the court, though both parties are encouraged to attend the court hearing to address any potential queries from the judge. It's important to understand that the judge has the authority to withhold signing the order if the Divorce Agreement is deemed unfair. The document emphasizes the importance of bringing all related paperwork, including the Divorce Agreement, Divorce Certificate, Title IV-D Child Support Information Form, and the notarized Permanent Parenting Plan to the court hearing. It covers various critical issues such as child custody and support, asset and liability division, alimony decisions, and orders of protection. Additionally, it outlines procedures for name changes, attorney fees, court costs, and other orders related to debt and creditor actions post-divorce. The form also advises on the timeline for when the order becomes final and the implications for remarriage or financial transactions in that period. This introductory overview offers a glimpse into the structured path Tennessee provides for those navigating the final steps of divorce, emphasizing legal formalities, the protection of all involved parties, and the forward steps towards individual lives post-divorce.

Preview - Final Divorce Order Tennessee Form

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

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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

Form Data

Fact Name Description
Requirement for Completion The State of Tennessee Court County, Final Decree of Divorce form, and other related details must be completed for the Final Divorce Order process.
Signatory Requirements Only the spouse requesting the divorce is required to sign the Final Divorce Order form, but it is recommended for both spouses to attend the court hearing.
Judicial Discretion on Divorce Agreement The judge reserves the right not to sign the order if the Divorce Agreement is deemed unfair.
Document Requirements for Court Spouses are advised to bring all filed documents including the Divorce Agreement, Divorce Certificate, Title IV-D Child Support Information Form, and the Permanent Parenting Plan to the court hearing.
Restraining Orders and Protection The order includes provisions regarding restraining orders and protection from contact or harm between the spouses post-divorce.
Name Changes The Final Divorce Order allows for name changes for either spouse and outlines the necessity for official documentation updates.
Governing Law The process and execution of the Final Divorce Order in Tennessee are governed by Tennessee Code Annotated (T.C.A.) §36-4-134, particularly concerning debt and creditor protection.

Instructions on Utilizing Final Divorce Order Tennessee

Completing the Final Divorce Order form is a critical step in finalizing the divorce process in Tennessee. This document officially ends the marriage once signed by a judge and determines important matters, like asset division, child custody, and any necessary support payments. To ensure that everything goes smoothly, it's vital to fill out this form accurately and bring all the required documents to your court hearing. The instructions below guide you through each step of filling out the form.

  1. Start with the top section of the form by entering the State of Tennessee Court County where the divorce is being filed. Both fields labeled “(Must Be Completed)” need to be filled in with the appropriate county and state information.
  2. Fill in the File No., which can be obtained from the court documents related to your case.
  3. If applicable, enter the Division/Part number for large counties. This information may also be found in your existing court documents.
  4. In the Plaintiff section, write the full name (First, Middle, Last) of the spouse who is filing for the divorce.
  5. In the Defendant section, write the full name (First, Middle, Last) of the other spouse.
  6. Proceed to the section titled Court Hearing and Findings. Enter the date of your court hearing as well as the name of the judge.
  7. Fill out the contact information for both the Plaintiff and Defendant under “Parties at the hearing,” including street or P.O. Box, city, state, zip, and phone number.
  8. Check the appropriate boxes under Court Orders, which include orders against hurting or threatening each other, restraining orders, details about children (if applicable), alimony decisions, and any orders of protection.
  9. Indicate whether there will be a name change for either party following the divorce and fill in the new name(s) if applicable.
  10. Specify arrangements regarding lawyers’ fees and court costs.
  11. Under the Other Orders section, note any additional agreements or orders that have been made.
  12. Enter the date the order is made in the final section and ensure that the form will be presented by the appropriate party, as indicated.
  13. The Plaintiff’s and Defendant’s signatures are required only if the defendant attends the hearing. Include the date next to each signature along with their phone numbers.
  14. If the spouse did not attend the hearing, a Certificate of Service section at the end of the form must be completed, confirming that a copy of the order has been delivered to them.
  15. Attach any required documents listed in the attached section at the end of the form, including the Divorce Agreement, Divorce Certificate, Parenting Plan, Title IV-D Form, or any others as necessary.

After completing these steps and filing the form with the court, it's essential to wait for the judge's signature to finalize the order. Remember, the order is not final until 30 days after the judge signs it. During this time, avoid making any major decisions like remarrying or purchasing significant assets until you're certain the decree is final. This caution helps avoid any legal complications that could arise from decisions made during this pending period.

Obtain Answers on Final Divorce Order Tennessee

  1. What is the Final Divorce Order in Tennessee?

    The Final Divorce Order in Tennessee is a legal document that marks the completion of a divorce process. It includes decisions on marital dissolution, permanent parenting plans, asset division, and possibly spousal support. The order is not effective until 30 days after the judge signs it.

  2. Who needs to sign the Final Divorce Order?

    Only the spouse who is requesting the divorce needs to sign the Final Divorce Order. However, it's recommended that both spouses attend the court hearing in case the judge has any questions.

  3. Is it necessary for both spouses to go to the court hearing?

    Yes, it's a good idea for both spouses to attend the court hearing. While only the spouse filing for divorce is required to sign the Final Divorce Order, the judge might have questions for both parties.

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

    The judge has the authority not to sign the Final Divorce Order if they believe the Divorce Agreement is unfair. This means the divorce process may not be finalized until adjustments are made to the agreement.

  5. What documents should be brought to the court hearing?

    • Divorce Agreement, signed and notarized if not already filed
    • Official Divorce Certificate from the state
    • Title IV-D Child Support Information Form if applicable
    • Completed and signed Permanent Parenting Plan, including Child Support Worksheet
  6. What are the key findings a judge might make regarding children, property, and spousal support?

    The judge can find that adequate provisions are made for child custody and support, that property rights are equitably settled, and decide on the terms of any spousal support, including amount, frequency, and duration.

  7. How does the Final Divorce Order address name changes?

    The order can include provisions to change the names of either spouse post-divorce. For official name change on documents such as a driver's license, a certified copy of the order may be necessary.

  8. Who is responsible for legal fees and court costs?

    The order will specify who is responsible for paying legal fees and court costs which could be split between both parties, covered entirely by one party, or handled in another agreed-upon manner.

  9. Does the Final Divorce Order protect against creditors?

    No, the order does not protect individuals from creditors. Creditors may still attempt to collect debts, regardless of which spouse is responsible according to the divorce agreement. It's advisable to handle joint accounts appropriately to prevent financial issues.

Common mistakes

When completing the Final Divorce Order form in Tennessee, individuals often face challenges that could lead to mistakes. Being aware of these potential errors can help ensure the process is handled smoothly. Here are nine common mistakes to look out for:

  1. Not completely filling in all required fields. Every section marked "Must Be Completed" needs your attention. Failing to fill out necessary information such as the State of Tennessee Court County, File No., and Division/Part (for large counties), could result in your form being rejected.
  2. Incorrectly identifying the parties. It's crucial to clearly list the names of the plaintiff and defendant using their full, legal names (First, Middle, Last) to avoid any confusion.
  3. Omitting necessary attachments. Ensuring that all relevant documents, like the Divorce Agreement, Divorce Certificate, Title IV-D Child Support Information Form, and the Permanent Parenting Plan including Child Support Worksheet, are attached and correctly filled out is vital.
  4. Forgetting to indicate whether a restraining order exists or is desired by either party under the restraining order section may lead to misunderstandings regarding the safety and well-being of both parties post-divorce.
  5. Failing to sign the document where required. Remember, only the spouse asking for the divorce needs to sign the form, but it's advisable for both spouses to be present at the court hearing.
  6. Not carefully reviewing the orders regarding children, including custody and support arrangements. It's important to ensure that all information is accurate and that the proposed parent plan is indeed in the children's best interest.
  7. Misunderstanding the alimony section by either not specifying the terms clearly or by neglecting to include critical details such as the amount and the conditions under which it ends.
  8. Inaccurate reporting of attorneys' fees and court costs. How these fees are to be handled must be explicitly detailed to prevent future disputes.
  9. Omitting or incorrectly handling the name change section. If you or your spouse wishes to change their name post-divorce, this section must be completed, and subsequent steps must be taken to update your name on legal documents.

By avoiding these mistakes, you can ensure a more efficient process and reduce the likelihood of delays in finalizing your divorce.

Documents used along the form

Embarking on the process of finalizing a divorce in Tennessee involves much more than simply completing and submitting the Final Divorce Order. This crucial document marks the legal conclusion of the marriage, but several other forms and documents often accompany it through the process to ensure a comprehensive and legally sound dissolution of the union. Below, we delve into four other essential documents frequently used alongside the Final Divorce Order, each playing its unique role in the proceedings.

  • Marital Dissolution Agreement (Form 5): This form is absolutely crucial in a divorce proceeding as it outlines the agreement between the spouses regarding the division of their marital property, debt responsibilities, and alimony. Both parties must sign this agreement, and having it notarized is a testament to its authenticity, ensuring the court recognizes it as a binding agreement between the parties.
  • Divorce Certificate: This document serves as an official record of the divorce and is necessary for legal acknowledgment of the marital status change. The court requires the completion of this state-specific form before proceeding with the divorce hearing, making it an indispensable part of the divorce kit.
  • Title IV-D Child Support Information Form: In cases where one of the spouses or children receives state aid such as SNAP Food Stamps, Families First (AFDC), or TennCare, this form becomes necessary. It collects detailed information pertaining to child support, ensuring that the state's interests and the child's welfare are adequately represented and taken into account during the divorce proceedings.
  • Permanent Parenting Plan and Child Support Worksheet: A thoroughly prepared parenting plan is vital when children are involved in a divorce. This document includes comprehensive details about custody arrangements, visitation schedules, and child support calculations, contributing to a clear framework that supports the child's best interests post-divorce. The accompanying child support worksheet aids in the precise calculation of support obligations, based on the parents' income and the needs of the child.

The journey through divorce, with its myriad legalities and required documentation, can seem daunting. Yet, each form and document serves a purpose in painting a complete picture of the dissolution agreement, safeguarding the rights and interests of all involved parties. From defining the division of assets in the Marital Dissolution Agreement to ensuring the well-being of children through the Permanent Parenting Plan, these documents collectively facilitate a structured departure from marriage, allowing both parties to transition into their new lives with clarity and dignity.

Similar forms

  • Marital Dissolution Agreement (Form 5): This document shares a core similarity with the Final Divorce Order in that it is an essential step in legally ending a marriage in Tennessee. While the Final Divorce Order formalizes the completion of the divorce process, the Marital Dissolution Agreement is where both parties outline the division of their assets, liabilities, and any alimony arrangements. This agreement, once signed by both parties and notarized, is often referenced within the Final Divorce Order, signifying its approval by the court.

  • Permanent Parenting Plan Order: This legal document is akin to the Final Divorce Order as both documents address arrangements pertaining to minor children from the marriage. The Permanent Parenting Plan outlines custody arrangements, child support, and a schedule for the child’s time with each parent. In the Final Divorce Order, the court affirms that the parenting plan is in the child's best interest, thereby incorporating the permanent parenting plan as a part of the final decree.

  • Title IV-D Child Support Information Form: Similar to the Final Divorce Order, this form is necessary in cases where child support is a relevant concern, particularly when one of the parties or the child receives benefits like SNAP or TennCare from the state. The information provided on this form helps the court assess the child support obligations, which are subsequently integrated into the Final Divorce Order through the parenting plan.

  • Divorce Certificate: While this document differs in function, it is similar to the Final Divorce Order in that it serves as a record of the divorce's finalization. The divorce certificate is a formal document obtained from the clerk, evidencing the fact that a divorce has legally occurred. It is typically required for administrative purposes outside of the court, such as changing one’s name on a driver’s license.

  • Order of Protection: This legal instrument can be similar to portions of the Final Divorce Order that address issues of personal safety and restraining orders. Both documents can mandate that the parties refrain from harmful or threatening behavior towards each other. However, an Order of Protection is specifically tailored to prevent domestic violence and can be obtained before the divorce is finalized, while the Final Divorce Order maintains or amends these protections as part of the divorce decree.

  • Name Change Document: In instances where one party wishes to change their name post-divorce, this aspect is directly facilitated by the Final Divorce Order, which can specify the new name of either the plaintiff or the defendant. This function ties the Final Divorce Order to separate legal name change documents, streamlining the process of assuming a new name after divorce.

  • Lawyers’ Fees and Court Costs Agreement: This component of the divorce process is reflected in the Final Divorce Order, detailing financial responsibilities regarding attorneys' fees and court costs. It is comparable to separate agreements or court orders that dictate the payment of legal expenses, highlighting how the divorce decree encompasses and finalizes negotiations or decisions on financial obligations between the parties.

Dos and Don'ts

When completing the Final Divorce Order Tennessee form, there are several do's and don'ts that should be observed to ensure the process is smooth and legally valid. Following these guidelines can help in avoiding common pitfalls and ensure that your divorce proceedings conclude without unnecessary delays or issues.

Do's:

  • Ensure all fields are completed. This includes the state, court, and county information, as well as all personal particulars required.
  • Include accurate information for both plaintiff and defendant, especially names and contact information, to ensure all communications are correctly directed.
  • Attach all necessary documents. This includes the Divorce Agreement (Form 5), Divorce Certificate, Title IV-D Child Support Information Form (if applicable), and the Permanent Parenting Plan including Child Support Worksheet.
  • Sign and date the form if you are the spouse requesting the divorce. The signature is a critical requirement for the form's validity.
  • Present a copy of the form at your court hearing. It is significant to have all relevant documentation available for reference during the proceedings.
  • Mail a copy of the signed Final Divorce Order to your spouse if they did not attend the hearing, completing the Certificate of Service section accordingly.
  • Consult with a legal professional if you have any uncertainties or questions about filling out the form or about your rights and obligations post-divorce.

Don'ts:

  • Do not leave sections incomplete. Failing to fill out the form entirely may result in delays or the dismissal of your case.
  • Do not provide false information. Misrepresentation can lead to legal actions against you and may significantly impact the outcome of your divorce.
  • Do not forget to include mandatory attachments like the Permanent Parenting Plan if there are children involved in the divorce.
  • Do not sign the form without ensuring that all the information provided is correct and that you understand all agreements made, especially concerning assets, liabilities, and parental responsibilities.
  • Do not disregard the court's rules for filing and serving documents. Each county may have specific requirements that must be adhered to.
  • Do not hesitate to reach out for help from court clerks or legal advisors if you're unsure about how to complete any part of the form or the procedure following the court hearing.
  • Do not ignore the importance of the name change section if applicable. Ensure any changes are legally recognized and updated on personal documents and records post-divorce.

Misconceptions

Understanding the intricacies of the Final Divorce Order in Tennessee involves navigating through a sea of stipulations and terms that could easily be misconstrued. Below are eight common misconceptions about this form, each dispelled for greater clarity in the often murky waters of legal proceedings.

  • Only one spouse needs to sign the form to finalize the divorce. While it's true that only the spouse requesting the divorce is required to sign the form, this simplification overlooks the importance of both parties being present during the court hearing, particularly to address any queries the court might have.
  • The judge is obligated to sign the Final Divorce Order. In reality, the judge has the discretion not to sign off on the order if the Divorce Agreement does not appear fair. This highlights the importance of ensuring that all agreements are equitable before presenting them to the court.
  • A Final Divorce Order immediately ends child support obligations. This misconception overlooks that child support agreements, which are part of the Permanent Parenting Plan included in the order, often specify ongoing financial obligations for the care and support of children until they reach adulthood or beyond, depending on certain conditions.
  • The Final Divorce Order also finalizes name changes. While the order does allow for the request of a name change, it's a separate process to officially change your name on legal documents, such as your driver's license. A certified copy of the order may be required to make these changes.
  • The order immediately changes your legal status. The document clearly stipulates that the order is not final until 30 days after the judge signs it. During this period, changes in marital status for purposes like remarrying or making significant purchases should be approached with caution.
  • All court costs are automatically split between the spouses. The allocation of court costs is subject to agreement between the parties or a judicial decision, meaning it's not a given that costs will be equally divided.
  • The Divorce Agreement is optional if not filed with the Request for Divorce. While the form indicates that a Divorce Agreement, Form 5, signed and notarized by both spouses is to be brought to court if not already filed, this does not imply it's optional. A finalized and agreed-upon divorce settlement is crucial for the process.
  • Creditors are bound by the terms of the Final Divorce Order. This is a common misconception; the order explicitly states that it doesn't necessarily affect a creditor's ability to pursue debts against either party, underlining the importance of addressing joint accounts and shared liabilities directly with creditors.

Dispelling these misconceptions is essential for a smooth navigation through the divorce process in Tennessee, ensuring both parties are fully informed and prepared for all eventualities.

Key takeaways

Filling out and using the Final Divorce Order form in Tennessee is a critical step in finalizing your divorce. Here are some key takeaways to help guide you through this process:

  • Complete all required sections: It's crucial to fill out the entire form, including the county and court information, file number, division/part for large counties, and the personal details of both the plaintiff and defendant. Neglecting to complete required fields can lead to delays.
  • Documentation is key: Remember to bring all necessary documents to your court hearing, such as the Divorce Agreement (Form 5), Divorce Certificate, Title IV-D Child Support Information Form (if applicable), and the Permanent Parenting Plan including the Child Support Worksheet. This preparation ensures a smoother hearing process.
  • Understanding court orders: The court orders outlined in the Final Divorce Order, including any directives about restraining orders, children custody and support, division of assets, alimony, and name changes, become legally binding once the document is signed by the judge. It's essential to understand each component to comply fully with the orders.
  • Post-court procedures: After the judge signs the Final Divorce Order, there's a 30-day period before the order becomes final. During this time, you should avoid making significant life decisions, like remarrying or purchasing property, without legal advice. Additionally, if your spouse wasn't present at the hearing, you're required to send them a copy of the signed order, ensuring you complete the Certificate of Service section at the end of the form.

Navigating through the divorce process can be challenging, but understanding how to properly fill out and use the Final Divorce Order form can ease some of the burdens. Always remember to seek legal advice if you have any doubts or questions.

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