19 Apr 2012

All about Collaborative Divorce and Where your Tennessee Divorce Lawyer Helps

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When you decide to pursue a collaborative divorce in Tennessee, it does not mean you should forgo your right to a divorce lawyer. In fact, collaborative divorce cases can be just as complex as regular divorce cases – the difference is that it settles without the need to involve a family law judge. 

What is collaborative divorce? 

Collaborative law as it applies to divorce is when both parties agree to work through the divorce process without taking the case to Tennessee court. Each spouse will hire his or her own divorce lawyer, and the lawyers sign an agreement that they will work to reach a settlement without taking the case to trial. This can often lead to a reduction in time and costs that a normal divorce can accrue. 

A collaborative divorce can take place simply with the 2 spouses with their 2 lawyers and need no further intervention. More complex cases in which children or substantial assets are involved may require a mediator or outside professionals related to these areas, but the main objective is to simplify the divorce process by involving as few parties as possible. 

The Basics of a Collaborative Divorce 

At the very basic level, a collaborative divorce involves 2 parties, the spouses and their respective divorce lawyers. To begin, the lawyers meet to sign a contract that states they agree to work together toward a mutual agreement between both sides to end the marriage without need of court intervention. 

In signing this contract, a divorce lawyer must focus on mediation and amicable compromises, rather than the more serious litigation tactics that are often used in divorce courts. What can result is a more peaceful, less stressful divorce that takes less time and effort on both sides. 

Through presentation of facts and evidence and analysis of the couple’s marital property, both lawyers will draft a settlement agreement detailing the matters of the divorce. Once submitted to the Clerk of Court, the divorce can be finalized legally. 

Protecting Yourself during a Collaborative Divorce 

You never want to enter into a collaborative divorce process without a divorce lawyer representing your side of the case. If you are not completely aware of all of the matters that must be decided during a divorce, your ex-spouse and his or her lawyer could take advantage of you. 

Your divorce lawyer will be your advocate during the negotiations and is the person in charge of collecting and presenting all of the evidence to be used to draft your divorce decree for submission to the court. This takes some of the burden off your shoulders so you can avoid the stress that can come with seeking a divorce. 

By working with a divorce lawyer who has experience in both regular and collaborative divorce, you can be confident that he or she will adhere to Tennessee divorce law as well as work in your best interest.  

Determining if a Collaborative Divorce is Right for You 

If the idea of divorce has you worried about time and money, you could be right – divorces are seldom a simple signature on a piece of paper. However, if you believe that the matters to be settled in your divorce are not contestable; you both mutually agree that you can come to an agreement on dividing marital property; and can make child custody decisions without involving the court, collaborative divorce may be your best option. 

The best way to determine if you should undergo a collaborative divorce is to speak with an experienced divorce lawyer who has handled cases of contested, uncontested and collaborative divorce. This will help give you an idea of the pros and cons of each option and determine which one is the right path to pursue. 

Start Your Collaborative Divorce by Talking to a Divorce Lawyer 

Choosing the right divorce lawyer is the first step in pursuing a collaborative divorce in Tennessee. You deserve a lawyer with the experience and professionalism to resolve your case as quickly and simply as possible. 

At the Miles Mason Family Law Group, PLC, our team is here to help you and your family through the divorce process with the highest respect and care. We focus on both the emotional and financial burdens you may face during this time and help ease the stress on your personal life. 

Our attorneys are professionals in both family law in Tennessee and in forensic accounting. We bring more than just emotional relief to our clients; we also help protect their financial future. To schedule a confidential consultation, contact our office – 1-901-683-1850.

Miles Mason


Memphis divorce and family lawyer, Miles Mason, Sr. is the founder of Miles Mason Family Law Group, PLC. For more information about our professional staff, see our Meet the Team page.


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