Clients facing divorce are often understandably uncertain about their future and are in need of clarity and support. Being informed of some key points of the divorce process prior to or at the beginning of proceedings can help alleviate some stress and anxiety. It is key to understand that the duration and complexity of every divorce varies widely, but having an experienced attorney guiding you through your divorce can make a difference in the outcome and the overall experience. Our knowledgeable team at Digby Family Law has provided a general overview of the divorce process to help clients gain clarity on the legal proceedings involved. We can be the local Nashville family law attorney you need.
Initial Steps of Divorce
The divorce process in the state of Tennessee begins with the filing of the Complaint for Divorce. The Complaint includes certain statistical information about the parties and also includes the ground(s) for divorce. Almost every Complaint includes the ground of irreconcilable differences, which is a no-fault ground. Parties can also allege fault ground(s) based upon certain factors listed by statute.
- Waiting Period: Filing the Complaint with the clerk’s office starts a waiting period before the divorce can be finalized. If there are children involved, the wait period is 90 days, and if there are no children involved, the wait period is 60 days. During this time, the parties will try to reach an agreement and finalize the divorce. Sometimes, clients have already discussed and agreed upon a division of debts and assets before the Complaint is filed, and just need an attorney to prepare the documentation reflecting this agreement. For others, the waiting period begins the process of gathering information that is necessary to finalize the divorce. This period varies greatly due to each divorce’s unique circumstances.
- Pendente Lite Issues: Sometimes, certain matters need to be addressed more timely before a total resolution has occurred. More pressing issues, such as a temporary parenting plan, can often be addressed by a pendente lite (temporary) order that is agreed upon by the parties or ordered by the Court.
- Discovery Process: During the waiting period, the parties will exchange information through the discovery process, which uncovers all debts and assets and informs the settlement agreements. This information can be exchanged formally or informally.
- Formal: Through a formal discovery process, clients will have to answer formal written interrogatories under oath and provide a significant amount of documents dating back several months or years.
- Informal: Some parties elect to forego the formal discovery process and instead, they informally exchange information about their debts and assets. This method is more often used when clients are familiar with one another’s finances and have more trust in the transparency of the exchange.
Reaching Settlement Agreements
Once both parties feel they have a comprehensive understanding of all debts and assets, a proposed settlement agreement can be put together. This includes:
- Marital Dissolution Agreement: This document divides all of the parties’ debts and assets, and deals with alimony, if appropriate.
- Permanent Parenting Plan: If there are children involved, the settlement will also include a Permanent Parenting Plan, which addresses parenting schedules, child support, and any other decisions related to the children.
If an initial settlement proposal is not accepted, a counter-proposal can be sent back. If an agreement still cannot be reached, the parties will most likely attend mediation with a neutral mediator. If mediation does not produce a resolution, the parties will prepare for the matter to go to trial before a judge. That said, very few divorces go to trial in the state of Tennessee, as it is often not worth the financial and emotional time and expense of doing so.
Overall, every divorce is different and will present distinct challenges, which is why it is important to have an experienced attorney. More information about the divorce process and mediation can be found on our website or by contacting our office. Find your Nashville family law attorney at Digby.
At Digby Family Law, we work diligently to inform and support our clients through various life changes, advocating for them so that they feel they have a strong foundation upon which to step off into a new life chapter. If you would like to schedule a consultation with our attorneys, we can be reached by phone at (615)-997-3741 or via our website.