Divorce
Divorce is tough on everyone!
Studies have shown that the grieving process during and shortly after a divorce is very similar to the grieving process after losing a loved one. As an attorney that focuses a large majority of his practice to domestic relations, I understand that it takes a special listening ear to really help clients during such a difficult time in their lives.
WHAT TO EXPECT?
Divorce can range from very easy to very difficult depending upon the divorcing couples' issues. Every divorce is different; just like every family dynamic is different based upon numerous factors such as whether the couple has minor children or how much property is involved.
Regardless of the situation that you are in, my goal as your attorney is to minimize your direct exposure to the court system, whether representing you in settlement negotiations out of court, or at a hearing in front of a Judge.
WHAT ARE THE ISSUES?
Generally speaking, there are two main issues that may affect all divorces:
1.) Division of the "Marital Estate" - e.g. Division of Assets, Debts, Real Property, Accounts, Etc.
2.) Child Custody and Visitation - e.g. Naming of the Primary Parent, Visitation Arrangements, Child Support, Etc.
Having said that, there are several "sub-issues" that usually fall under these two topics but under most circumstances these are the two main issues that face divorcing couples.
My goal upon my first meeting with a divorcing person is to identify as many of the important issues as possible so that I can begin making strategic decisions about their case.
WHAT IS AN IRRECONCILABLE DIFFERENCES (ID) DIVORCE OR A "NON-CONTESTED DIVORCE?"
Tennessee recognizes a "No-Fault" ground called Irreconcilable Differences as a way to get divorced. This is also often times referred to as a "non-contested divorce." It is a way for divorcing couples to make their own decisions about their divorce and it is also the best way to keep things "amicable" throughout the process.
If a divorcing couple can both sign a Marital Dissolution Agreement (agreement regarding the marital estate) and a Parenting Plan (agreement regarding child custody if minor children are involved) then a divorce can be obtained by agreement. This process can be completed 90 days after filing the divorce paperwork if there are minor children of the couple or can be completed 60 days after the filing if there are no children.
This method is the quickest, easiest and most cost-effective way to get divorced and ultimately, most divorces are resolved in this manner. A large number of my divorces are done this way. If you think your divorce can be resolved without a judge being in the middle of your situation then give me a call, I'll be glad to listen and assist you.
WHAT IF WE CAN'T REACH AN AGREEMENT?!?
Sometimes, despite all efforts, there are issues in a divorce that just can't be agreed upon. One reminder that I have to often times give my clients is that a divorce IS a civil lawsuit, just like a car wreck case or a contract suit. This essentially means that if needed, a Judge may hear issues surrounding the case and ultimately may hold a trial to resolve the case. Often times as well, mediation in front of a third person may occur to attempt to resolve contested issues before a trial is held.
Regardless of the situation, I am committed to representing people at all stages of their divorce whether it is in negotiation of an agreement or at trial in a courtroom setting.
Contact me today at (615) 297-1062 or at tnduncanlaw@gmail.com to set up a free consultation at my office to discuss your situation.