Marital Dissolution Agreements in Tennessee Divorce

Marital Dissolution Agreements in the Collierville TN Divorce

Have you thought about the process of negotiating a marital dissolution agreement in your Collierville, Tennessee, divorce?

Before you meet with a lawyer, take some time to think through and list your goals. What do you really want from the divorce? Write your long-term and short-terms goals down on paper. You will need to communicate those objectives directly to your lawyer early in the representation. As with all family law cases, you should choose your battles wisely based upon competent legal advice from a Collierville divorce lawyer. (North Carolina attorney Lee S. Rosen has a great article on goal-setting in divorce. Take a look at How to Define Your Goals.)

How Marital Dissolution Agreements Are Reached

All legal issues raised in a Tennessee divorce may be resolved without trial. We refer to the resulting instrument as a marital dissolution agreement (in other states, it may be known as a marital settlement agreement). Reaching agreement on the issues in a divorce can be accomplished in at least three ways.

First, there is attorney negotiation.

This is an informal process of the parties’ respective attorneys exchanging settlement proposals. The exchange continues until a final agreement is reached, or not. Importantly, if a disputed issue remains after negotiations come to a close, then that issue is presented to and decided by a family law judge after trial. Of course, litigating is an expensive way to reach a decision and necessarily takes control away from the spouses and gives it to the court. Because settlement is strongly recommended in almost every dissolution, voluntary negotiations may resume even on the eve of a scheduled divorce trial.

Second, there is direct negotiation.

Direct negotiation means the spouses attempt to resolve the issues between themselves, without their attorneys’ involvement (mostly). Even if agreement is reached on some or all of the matters raised, no spouse should sign a marital dissolution agreement without prior attorney review. The language used to draft the agreement has specific legal consequences. Contain that natural eagerness to put all of this behind you as quickly as possible. Take the time to have an attorney read through the document before you sign it. You need to make certain the papers truly reflect what you and your spouse agreed to during direct negotiations.

Just about anything can go into a marital dissolution agreement so long as the subject matter is lawful and, of course, has some reasonable bearing on the divorce. To continue learning about the role of negotiation in the divorce process, read TN Pre-Divorce Planning | Moving Out, Bank Accounts, Credit Cards.

Third, there is mediation.

Tennessee divorce mediation may be used in combination with negotiation or in the absence thereof. Should negotiations stall, the couple might opt to mediate remaining disputes and, possibly, avoid the need for trial (or at least reduce the number of issues presented at trial). If all goes well, the mediation agreement provides the final terms for the spouses’ settlement.

Should the couple choose to forgo negotiations (perhaps because all reasonable communication is compromised by their mutual animosity), mediation may help them address issues of child custody, child support, property division, alimony, and so on. When conflict is intense, or when one spouse could be vulnerable to intimidation by the other spouse, the mediator may caucus separately with each party so they need never be in the same room together.

Both negotiation and mediation play an important role in the divorce process. Although there are many exceptions, the general rule is that the court will order mediation unless the parties have already entered into a written marital dissolution agreement. T.C.A. § 36-4-131.

Planning Your Tennessee Divorce

The Miles Mason Family Law Group handles Tennessee divorce, child support, alimony, child custody, and parent relocation. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.