Understanding divorce options in Tennessee

In Tennessee, individuals seeking to dissolve their marriage have several legal avenues to consider. The choice between these options depends on the specific circumstances of the couple, including their willingness to cooperate and the complexity of their marital assets as well as child custody considerations. This article explores the three primary methods for ending a marriage in Tennessee: traditional litigation, mediation and other forms of alternative dispute resolution, and legal separation.

#1: Traditional litigation

Traditional litigation is the most recognized form of divorce. This process involves each spouse hiring their own attorney to represent them in court. Couples generally choose this route when they cannot reach agreements on key issues like child custody, property division, and financial support.

Key characteristics of traditional litigation:

• Each party has legal representation.
• Takes place in a courtroom setting and a judge makes decisions on these disputed matters.

Traditional litigation can be a lengthy process and requires the divorcing couple pay careful attention to all related paperwork. Those who find themselves navigating this option are wise to find legal counsel that will listen to their concerns and advocate for their interests throughout the process.

#2: Mediation and alternative dispute resolution

Mediation and other forms of alternative dispute resolution (ADR) offer a less confrontational approach to divorce. These methods involve a neutral third party who helps the spouses negotiate and reach a mutually acceptable agreement.

Mediation and other forms of ADR continue to grow in popularity throughout the country, including here in Tennessee. This form of divorce is often more cost-effective compared to litigation, in part because the parties typically reach a resolution to the disputes in a timelier manner compared to traditional litigation. Mediation and ADR also generally allow couples to maintain greater control over the outcomes as they develop the final settlement, not a judge.

Mediation is particularly beneficial for couples who are willing to work together to resolve their issues but need some assistance to communicate effectively. It fosters a collaborative environment and often results in better post-divorce relationships, which is wise when children are involved. It is important to note that although this process does not require the use of legal counsel, it remains advantageous. This is because your attorney will review proposed negotiations and discuss the pros and cons, working to mitigate the risks of any surprises after you finalize the divorce.

#3: Legal separation

Legal separation is another option available to couples in Tennessee. Unlike divorce, legal separation does not end the marriage. Instead, it allows couples to live apart and formalize the division of assets and responsibilities while remaining legally married.

This may be a viable option for a range of issues, including the religious beliefs that prohibit divorce or a need to maintain eligibility for certain benefits, such as health insurance. Legal separation provides a legal framework that protects both parties’ interests until able to make a further decision about the marriage.

The choice of how to end a marriage in Tennessee should be made carefully, considering all available options and their implications. Whether through traditional litigation, mediation, or legal separation, each method has its own set of advantages and challenges.