TYPES OF DIVORCES IN TENNESSEE
As in many things in life, there are many different options and choices as there isn’t only ONE way to accomplish a task or goal and divorce is no different. While each type of divorce has the same result – the dissolution of the marriage, choosing the right type of divorce is an important to understand based on your individual situation. Understanding the different types of divorces will impact time, expense, and your stress level.
Here’s an overview of the types of divorce offered in Tennessee, and how The Law Office of Allen E. Schwartz can help you understand which one is right for you.
Also known as an agreed divorce in Tennessee. This type of divorce is undoubtedly the easiest least expensive way to dissolve a marriage. Within uncontested divorce both spouses agree on all the terms of the divorce. In Tennessee, uncontested divorce is only open to couples who; do not have minor children at home; do not own property or a business together, and do not have shared retirement benefits. Both parties must want to end the marriage, agree on the amount of spousal maintenace (if any), and agree on how to divide ALL property, assets, and debt. Spouses in an uncontested divorce will also need to meet the normal residency requirements and endure the mandatory waiting period.
Divorce mediation is a good option for couples who don’t agree on absolutely everything—but who still want to save time and money. Mediation is an out-of-court resolution process, where both parties sit down with a licensed, third-party mediator to resolve their differences. This option is less expensive and time-consuming than a traditional divorce. Mediation can be done without lawyers, but it is always a good idea to hire representation to make sure your rights are protected.
Collaborative divorce is very similar to mediation - this type of divorce takes place outside of court and does not involve a judge. Spouses in a collaborative divorce are each required to have their own representation. Each spouse must also sign an agreement, which commits them to working in good faith to resolve their issues without litigation.
Divorce litigation involves the traditional going to court method. It starts with filing the proper paperwork, proceeds with discovery, and ends with trial and a divorce order. Divorce can be a long and emotional process, but in some situations a traditional divorce is the right choice.
Contact a Knoxville divorce lawyer to explore what type of divorce or marriage dissolution will be right for you and your family. The attorneys at The Law Office of Allen E. Schwartz work hard for our clients to make sure they go through divorce with as little pain and expense as possible while working hard to ensure our clients rights are protected.