Uncontested Divorce
Even though most divorces in Tennessee are ultimately settled by negotiated agreement – a truly “uncontested” divorce is fairly uncommon. For your divorce to be uncontested (rather than contested), you and your spouse will need to have reached complete agreement on each and every issue involved in your case, including:
- How the parties’ assets will be divided and titled.
- How and when those assets will be distributed between the parties.
- Who will be responsible for each and every debt.
- How child custody will occur. This requires the entry of a detailed parenting plan that outlines a specific schedule addressing how residential parenting time will occur on a day-to-day basis and on holidays, and many other issues such as custodial exchange and decision-making authority.
- How much child support will be paid and by whom, which party will be responsible for providing health insurance for the minor child, which party will be responsible for uncovered medical expenses, which party will be responsible for educational costs, etc.
- Whether either party will be responsible for spousal support, including how much support will be paid, how long such support will continue, and what actions will trigger a conclusion of that support.
Even when the parties are committed to having an amicable divorce, they often need guidance from an attorney in order to make sure that they have anticipated and addressed all of the issues that can arise. If you believe that you’ve reached an agreement and are ready for an uncontested divorce, please consider the following:
1. Did you reach the agreement based on full knowledge of your rights and potential responsibilities?
Remember, the agreement you sign can seriously affect your future financial stability and your relationship with your children. The repercussions of a poorly-informed agreement can be expensive, devastating and life-long. No matter how many websites you’ve read or episodes of Divorce Court you’ve seen, you should consult with an attorney to assure that you’re entering an agreement that will protect your interests.
2. Is your agreement legally sufficient?
While the Court always encourages parties to reach agreement, even if you’ve agreed to the terms of property division, debt division, child custody and support … the Court may find that your terms do not create an equitable distribution of assets and debts, or may find that the child custody and support do not adequately reflect the statutory requirements. For example, potential clients often tell me that if their spouse will simply grant them a divorce, they will not require them to pay any child support. Nevertheless, the Court will not approve such an agreement. Consulting with an attorney may allow you to avoid any delay or expense that an inappropriate agreement may create.
3. Have you entered into the agreement for the right reasons?
Oftentimes an individual will simply agree to what the other party demanded of them because: (a) they are frightened of the divorce process; (b) they are emotionally distraught and don’t want to deal with the embarrassment of a lawsuit; (c) they are regretful about their own actions that contributed to the failure of the marriage, or because, (d) their spouse, family member or friend has misinformed them as to their rights and the likely outcome of such a suit. Consulting with an attorney can help assure that your agreement is based on your best long-term interests (and those of your children).