How Does Collaborative Divorce Work in Tennessee?

Divorce can be a highly contentious and stressful experience for individuals, especially when conflicts arise and legal battles are fought in court. Litigation often creates more tension and exacerbates the emotional distress felt by both spouses and their families. However, an alternative to litigation is collaborative divorce. Collaborative divorce offers a cooperative approach to resolving issues. For more information and to secure skilled legal representation, reach out to an experienced Shelby County, Tennessee divorce lawyer today.

What is Collaborative Divorce?

A collaborative divorce is a legal process where both spouses work together with their attorneys and other helpful professionals to resolve the various issues of a divorce. While a judge typically makes rulings on how property division, alimony, child custody, and child support are handled, the spouses can create an agreement for these topics through collaborative divorce.

Unlike litigation, which can be contentious and ugly, collaborative divorce focuses on cooperation and problem-solving as a unit. The goal is to reach a fair and mutually satisfactory agreement while avoiding the time, money, and stress associated with going to court.

How Does Collaborative Divorce Work in TN?

In Tennessee, collaborative divorce begins with an initial consultation where the group will discuss the situation and learn about how the process will go. It is official when both parties commit to avoiding going to court. While this process is voluntary, the spouses and their respective legal representatives must sign a participation agreement. This contract outlines the rules and commitments that both parties agree to, including full disclosure of information, confidentiality, respect, and an agreement to avoid litigation.

Like mediation or litigation, both spouses will gather and present relevant information like financial documents, asset valuations, details regarding shared children, and more. A series of meetings will be scheduled to discuss and negotiate the relevant issues.

Neutral professionals like financial planners, child specialists, mental health experts, or divorce coaches can be included in meetings to help facilitate discussions and offer advice. The process will focus on cooperation and compromise, with the group working together to create a solution that meets the needs of both spouses and their children, if they have any. Unlike litigation, where judges make definitive decisions, spouses can create unique and flexible solutions tailored to the family’s needs and preferences.

Once all issues have been resolved, the attorneys will draft an agreement and submit it to the court for review. Given that the terms are fair and reasonable, the court will approve the agreement and dissolve the marriage.

It is important to understand, however, that if collaborative divorce fails, then the case will likely be required to go to court. Because the participation agreement was signed, both attorneys must withdraw, and new legal representation will be required for both parties. To learn more and obtain the help of a lawyer, contact Rice Law today.