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The Jones Law Firm Blog

Want to Start the New Year Divorced? You May Already Be Behind

Every January I hear the same thing: “I just want this wrapped up so I can start the new year fresh.”

The problem is, if you’re only now starting to think about filing, you’ve probably already missed that window.

The Waiting Period Reality

In Tennessee, there is a mandatory waiting period before an uncontested divorce can be finalized.

  • No children: 60 days from the date of filing.
  • With children: 90 days from the date of filing.

That means if you filed back in September, the earliest you could be divorced without kids would be December. If you have children, you’re looking at January. And that’s before you factor in holidays, court calendars, and the time it takes to draft and sign all the paperwork.

Why This Matters

The court doesn’t care that you want to ring in the new year single. Those waiting periods are hard deadlines. Filing in late September or October means your “fresh start” likely won’t come until spring.

As a former Chancellor in Shelby County used to say, “These cases are not like wine. They do not get better with age.” The longer you wait to file, the harder and messier things usually get.

What You Can Do Now

  • File sooner, not later. Even if you’re still working out details, getting the clock started matters.
  • Use the waiting period wisely. This is the time to negotiate, gather documents, and finalize agreements.
  • Set realistic goals. If January is off the table, shoot for tax season or summer break when transitions are easier on kids.

Lawyer Bill’s Advice

If you want a fresh start in the new year, the time to act was weeks ago. The next best time is today. The waiting period isn’t going anywhere. Don’t let procrastination or wishful thinking slow down your life. File now, get the clock running, and give yourself the best chance at a clean slate sooner rather than later.

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