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3 tools that could help you file an uncontested divorce

On Behalf of | Jan 4, 2022 | Family Law

Divorce litigation can be messy, expensive and frustrating. Spouses trying to split up property and separate relationships with their children will often disagree about details during that process.

It is common for people to assume that if they disagree about what to do with their biggest assets or how to structure their custody arrangements that they must go to court. However, many divorcing couples in Tennessee are able to file for uncontested divorces.

As the name implies, an uncontested divorce involves former spouses agreeing about what to do with their household assets and children. If you don’t already agree, any of the three tools listed below could help. 

Collaborative divorce

If you still disagree about certain details but both recognize that you need to resolve things outside of court, you could commit to a collaborative divorce process. Either by working directly together or communicating through your attorneys, you can negotiate a settlement that you agree is appropriate.

One spouse may propose a suggestion that the other counters. Although it may take some time to reach a viable settlement in a collaborative divorce, this approach can help divorcing spouses minimize the conflicts.

Mediation or arbitration

In scenarios where the spouses cannot reach an agreement on their own or through their attorneys, bringing in an outside professional could help put an end to the settlement log jam. In arbitration or mediation, a neutral third party helps the couple settle certain details by opposing a settlement or assisting in negotiations.

A postnuptial agreement

If you have a prenuptial agreement with your spouse, that document can help you file an uncontested divorce. If you don’t have an agreement on record, you could reach one at any point before you file for divorce. You might negotiate the terms with your attorneys or discuss the matter in marital counseling. Postnuptial agreements are a great option for spouses who would still like to make the marriage work if possible.

Any of these tools could lead to a faster and more cost-effective uncontested divorce. Learning about the resources that can help you at the end of your marriage will make the transition easier for your family.