Let me start by saying that I am very much in favor of low cost legal options for divorce. There are some divorces that people in Tennessee really don’t need to hire an attorney. So I am not against folks getting low cost legal forms for simple divorces where they have an agreement. That being said…
Legalzoom sales legal forms for divorce in Tennessee and as part of their website they have “experts” write articles about issues in the law. I recently was informed that I did not know what I was talking about when I said “that a divorce was not available to a recently separated individual based on no-fault in Tennessee without an agreement by the other party.” Why? Because an author at legalzoom said that:
All states and the District of Columbia have passed no-fault divorce laws to allow a divorce simply because at least one of the parties no longer wishes to be married.
Tennessee is not a no-fault divorce state and never has been. The only exceptions to that are if the parties have an agreement on all issues. But one party cannot get a divorce without the agreement of the other party unless they prove they have grounds for a Tennessee divorce.
Now in defense of the author, he does use the the term “at least one of the parties no longer wishes to be married”, so maybe he meant to say that in some states both people have to agree. But the way it is written certainly looks like a person can get a divorce in any state without the other spouses consent and without proving any fault.
I certainly would not rely on a website like Legalzoom to determine what my legal rights were in court.
I checked on the author of this article (thinking he is just giving general legal advice that is not Tennessee specific) and found out that he also has a guide to “How to File a Divorce in Tennessee” on the Legalzoom website. In that guide he actually points out that you and your spouse must have an agreement to get a no-fault divorce. However, he is not licensed to practice law in Tennessee. Why would anyone want to rely on a lawyer’s advice that was not even licensed to practice in their state? There are so many low or no cost options for people to get answers on Tennessee divorce law that I wonder why people take the word of Legalzoom experts. Incoming lawsuit expected lol!