People in Tennessee often think of divorce as a protracted legal conflict. What movies and television shows do for dramatic effect can give people the wrong impression about what options they have at the end of a marriage.
Litigated divorces are always an option. For some couples, they may be the best path forward. In cases involving extreme misconduct and abuse, litigating in court may be the only safe and reasonable way to resolve marital disputes. However, many others may have the option of working together. Tennessee allows for agreed divorces which involves an uncontested filing made through mutual agreements.
How does agreed divorce work?
Those pursuing an agreed divorce may not have much work to do. If they have a prenuptial agreement talking about basic standards for property division and financial support, they may not have many disputes to settle with each other. They can use the agreement they already had in place to outline the terms for their divorce and move forward amicably.
Other times, spouses have to settle those matters as they prepare for divorce. They might attend mediation or even divorce counseling sessions where they talk about the issues they have yet to resolve in an attempt to compromise and reach an agreement.
Provided that spouses are able to set terms that they both believe are appropriate for property division, financial support and child custody, they can file an agreed divorce in the Tennessee family courts. Agreed divorces as possible both with and without minor children. Instead of a judge learning all the details about the marriage to decide what is appropriate, they simply have to review the terms set by the spouses.
Agreed divorces can be beneficial for many reasons. An agreed divorce can give spouses control over the final terms set in the divorce. They help preserve the privacy of the spouses, as they can talk about marital issues in a less public setting than open court. Agreed divorces can even help keep costs lower by limiting how much time people require in family court.
What is the risk in an agreed divorce?
If there is one main concern in an agreed divorce scenario, it is how people fail to get representation. Spouses often think they can handle the entire process themselves. They agree to highly imbalanced terms or make major mistakes in their paperwork.
The best arrangement in an agreed divorce scenario involves both spouses having separate legal representation. Each spouse’s lawyer should act in their best interests and help guide them through the process. They can identify problematic terms and can manage the minutia of the technical process.
Negotiating for an agreed divorce can be a viable strategy for many divorcing couples in Tennessee. Those who protect themselves during a low-conflict divorce can improve their chances of moving on without regrets.