If you and your spouse decide to part ways in a less confrontational manner, an uncontested divorce in Tennessee might be the right choice. This type of divorce is generally faster and less expensive, provided that both parties meet specific requirements. First, at least one spouse must have lived in Tennessee for at least six months.
A no-fault divorce is possible for irreconcilable differences or living apart for two years without minor children. If you have kids, the process has a 90-day waiting period and other considerations, such as child custody arrangements. However, the waiting period is reduced to 60 days if you don’t have children.
Uncontested vs. contested divorces
Understanding the differences between uncontested and contested – or litigated – divorces is crucial. Here are the standard features of both:
Uncontested:
- Both parties agree on all major issues
- Generally quicker and less costly
- Fewer court appearances are needed
- Lower emotional stress
Contested:
- Disagreements on key issues
- Longer and more expensive process
- Requires multiple court hearings
- It can be emotionally taxing
Uncontested divorces typically take a few months to finalize. However, litigated divorces often take several months to years, depending upon the level of disagreement over disputed areas.
What issues must we agree on?
To avoid a costly, lengthy and stressful contested divorce, spouses must agree on several key issues:
- Child custody and parenting time
- Child support and health insurance
- Division of property and debts
- Spousal support or alimony
- Division of retirement assets
Reaching an agreement on these issues can simplify the divorce process and help both parties move forward amicably.
How can mediation help?
Mediation involves a neutral third party who helps facilitate discussions and find common ground. Tennessee generally requires the process for divorcing couples with children. The court typically orders mediation to help parents resolve issues related to child custody and parenting plans. Exceptions can include relationships involving domestic abuse or other significant concerns.
Spouses wanting a peaceful resolution often seek mediation on their own to facilitate amicable agreements and reduce conflict. This helps ensure that decisions are in the best interests of their children. Mediation can also address other issues related to the divorce, such as property division and alimony.
Choosing the right path depends on your unique situation and the level of cooperation between you and your spouse. A skilled divorce attorney, especially a Rule 31 Certified Mediator with experience in peaceful resolutions, can guide you toward a favorable agreement for your family while saving time, money and stress.