Tennessee Divorce Laws for Mediation

Many people enter mediation for divorce without knowing the Tennessee divorce laws. This can lead to frustration and extra expense when the judge does not finalize the divorce agreement.

Before you start divorce mediation, it would be a good idea to speak with an attorney who is well-versed in divorce laws and can help you make an informed decision.

Tennessee Mediation for Divorcing Couples

Many couples decide on mediation over litigation to divorce. The process of mediation is much less stressful because couples have total control over the division of property and assets. 

While this seems like the best path to take for a divorce, some people fear being taken advantage of when it comes to who gets what. They feel the more powerful one in the couple will manipulate the other to getting more out of the divorce.

Fortunately, Tennessee divorce laws protect people divorcing using mediation. These divorce laws ensure each person receives exactly what he or she is entitled to in the divorce.

Tennessee Divorce Laws: Fair and Equitable Division of Property

When you seek a divorce in Tennessee, the standard is that property division must be “fair and equitable.” While this does not mean that all property must be divided equally, it does mean that the division must be fair.

When in mediation, it’s crucial the division of property be “fair and equitable,” or the agreement may be denied when brought to the court. This ensures that one spouse does not receive more than the other does.

However, it can be difficult to understand what is considered fair and equitable. An example of this is if one spouse receives the family car, the other spouse may receive a larger sum of money from savings. 

This is why the allocation of property and assets isn’t divided evenly. Dividing the money in half may not be fair and equitable if one spouse receives more property than the other did.

Spousal Support in Tennessee and Child Custody Laws

Two other factors that should be considered in mediation are spousal support and child custody laws. Spousal support can be a sensitive discussion for many couples because it takes a great deal of consideration. In Tennessee, there are 12 factors to determine spousal support contingencies. These factors mostly help the court determine if the spouse asking for the support legitimately needs the money and if the other spouse is able to pay.

As for child custody in Tennessee, no one parent has full custody. Both parents should work together to raise their children. However, a decision must be made on who will be the primary residential parent.

For some parents, this can be a difficult decision to make because each one wants to have primary residential rights. It’s important to consider all factors such as location, parental availability and ability, to make a decision. If there is no decision made, the court will make the determination depending on which parental residence is in the best interest of the children.

Why Attorneys Who Know Tennessee Divorce Laws Make Good Mediators

With so many divorce laws to consider in mediation, it’s good to have someone who understands them. Many divorce lawyers have the skill to mediate and litigate, which makes them highly desirable.

When your mediator is an attorney, you and your spouse can work on the divorce settlement with the legal guidance you can depend on. If there is a time when you and your spouse do not agree, your attorney can mediate the discussion by explaining what the court may find acceptable.

Many couples in mediation decide to have separate lawyers as well; this way, they can have the settlement reviewed for fairness before it enters court.

Miles Mason Family Law Group for Mediation in Tennessee

For more information about mediation, see Divorce Mediation in Tennessee | Answers to FAQs.