What is Collaborative Divorce in Tennessee?

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What is Collaborative Divorce in Tennessee?

A divorce does not have to be a nasty, difficult, or drawn out fight. Our state offers a specialized legal process called collaborative law that can be highly effective in divorce cases. As explained by the Tennessee Administrative Office of the Courts, “collaborative law is a voluntary, contractually based alternative dispute resolution process for parties who seek to negotiate a resolution of their matter.” Here, our Franklin divorce lawyers provide a comprehensive guide to collaborative divorce in Tennessee.

Collaborative Divorce: The Basics

Collaborative divorce is an alternative dispute resolution (ARD)method that allows couples to end their marriage without going to court. In Tennessee, collaborative divorce focuses on cooperation between spouses—facilitated by assistance of a team of professionals—to negotiate terms that are beneficial for both parties. The approach emphasizes open communication, transparency, and mutual respect, with the goal of reaching a settlement that addresses the needs of both spouses.

The Process Starts With a Participation Agreement

In Tennessee, the process for collaborative divorce always starts with a contract called a participation agreement. The agreement sets the foundation for the collaborative process. Among other things, it outlines the rules and commitments both parties agree to follow. It includes provisions for maintaining an open exchange of information, mutual respect, confidentiality, and the agreement to avoid litigation. The participation agreement also details the roles of any professionals involved. Notably, in collaborative divorce, the spouses share all experts.

Unique Feature of Collaborative Divorce

You have the right to withdraw from the collaborative divorce process without an agreement. However, your collaborative divorce lawyer cannot represent you in any subsequent divorce litigation. A distinctive characteristic of the collaborative divorce process in Tennessee is the requirement that both parties' attorneys must withdraw from the case if the collaborative process is terminated without reaching an agreement.

The Benefits of a Collaborative Divorce

There are many potential advantages associated with the collaborative divorce process:

● Save Time: Collaborative divorce can significantly reduce the time it takes to finalize a divorce compared to traditional litigation. By focusing on cooperation and communication, couples can resolve issues in less time.

● Save Money: Avoiding court battles not only saves emotional wear and tear but also financial resources. Collaborative divorce often costs far less than litigation. Remember, you and your spouse share the cost of experts in collaborative divorce.

● Reduce Conflict: The collaborative process is designed to minimize conflict and promote a positive dialogue between spouses. It is a non-adversarial process.

● Fully Private: Unlike traditional divorce proceedings—which are public record in Tennessee—collaborative divorce maintains a couple's privacy. Negotiations and financial disclosures remain confidential

Get Help From a Collaborative Divorce Attorney in Franklin, TN Today

At Campbell Perky Johnson, PLLC, our Tennessee divorce lawyers are committed to helping people find solutions. If you have any questions about collaborative divorce, we are here to help. Contact us today for a completely confidential case evaluation. With an office in Franklin, we provide collaborative divorce support throughout the region, including in Nashville and Brentwood.