Exploring the alternatives to court litigation in a TN divorce case

Although some people choose court litigation to end their marriage, there are other options, including mediation and collaborative divorce.

For a number of Nashville couples, marriage will not have a fairytale ending. According to statistics reported by the Centers for Disease Control and Prevention, more than 50 percent of marriages in the U.S. will end in divorce. Although separations and divorces are not uncommon in the states, ending a marriage is not one size fits all. Many people think of traditional court litigation as the go to option when filing for divorce. Since each case may have unique circumstances involved, however, there are a number of different options for people who are filing for divorce in Tennessee and across the country. Mediation and collaborative law are growing in popularity as civil alternatives to traditional court litigation.

Mediation

Couples who wish to customize their own divorce decree through a civil negotiations process may want to consider mediation. A mediation session is held under the guidance of a third-party mediator, who is present to ensure all topics are covered in the settlement. The mediator can also answer any general legal questions that may arise. Since the mediation process does not require the presence of an attorney, some people may choose to get personalized legal help from an attorney on the side.

According to the American Bar Association, there are several benefits to mediation. This process can be more affordable for some, as there are no court costs involved. Couples may be able to finalize their divorce quicker, as they are able to schedule the mediation sessions rather than have to wait for a court date. In some cases, a settlement can be reached in as little as one or two mediation sessions. People seem to be more compliant with the terms of the decree if they have had a part in creating the settlement. Mediation also helps people dissolve their divorce on civil terms, making it easier for parents and business partners to get along after the divorce is finalized.

Collaborative law

Collaboration is similar to mediation. However, the collaborative divorce process involves a team of professionals, including attorneys, child counselors and financial planners that help the couple negotiate an agreement. The couple enters into collaboration with the agreement to make decisions based on what is best for everyone involved. Although collaboration is not for everyone, it can help to end a marriage in a non-confrontational manner.

The presence of an attorney

It can be difficult to make crucial decisions that will affect your life while you are under the stress of a divorce. The legal assistance of a family law attorney may help you get everything that you are entitled to in your divorce settlement.

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