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:
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:
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.
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.
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).
If you have any questions regarding this or any other issues, please feel free to call me at the number listed above, send an email, or use the contact form.
The Mason Family Law Firm represents clients throughout Middle Tennessee, including Davidson County, Williamson County, Dickson County, Cheatham County, Rutherford County, Maury County, Wilson County, Sumner County, and the cities of Nashville, Brentwood, Franklin, Murfreesboro, Lebanon, Gallatin, Goodlettsville, Hendersonville, Mount Juliet, Smyrna, Spring Hill, Ashland City, Kingston Springs, and others at clients’ request.