A Better Way
Occasionally parties have worked together to reach agreement to divide marital assets, pay debts and how they want to parent their children after divorce. Jan can serve as the attorney of one of the parties to provide advice about the legality of their agreements and process their agreements into a final decree of divorce. This can generally be completed within the required waiting period (60 days no children, 90 days with children). The divorce can be filed immediately to begin the required waiting period without the necessity of a party taking time from work for an in-person meeting.
If the parties aren’t sure about these issues Jan can suggest to the filing party that the couple meet with a very competent and qualified mediator who will work with them together to address the issues with the goal of maximizing the outcome while minimizing the costs. Often the process from filing to the final hearing can be accomplished by the end of the required waiting period for less than the $5,000.00 retainer often required by many local family law attorneys. The parties can save thousands by eliminating the need for formal discovery and shuttle mediation where they share the cost of paying three professionals (two attorneys and a mediator) for a prolonged mediation session. The parties and their attorneys are in separate rooms and the mediator shuttles back and forth, often telling the parties what the Judge will do if they don’t reach agreement. The ability is lost for the parties to work together to learn to relate in a different way so they can successfully parent their children after the divorce while planning for the future of the whole family. While many parties may believe such a process will not work in their case, they are willing to expend comparative little time and money to try working with a neutral party, with the knowledge that the process may help them avoid continued conflict which is so costly and detrimental to their children.
Should post divorce issues arise the parties can return to mediation to problem solve without the cost of litigation. An Agreed Order resolving parenting issues and/or child support can then be submitted to the Court for approval by the attorney.
Barring serious mental health issues, serious domestic violence or child abuse, this process can work for any couple, regardless of their economic circumstances. Even in these situations agreements can be reached in a safe environment to avoid a public court hearing.
The goal is for an equitable division of the assets and debts and a parenting plan in the best interest of the children providing for their care and support. That is what our law requires and the decisions, based upon the law, that the Judge will make should the case go to trial.
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Monday – Friday 8:00 am to 5:00 pm
Saturday – By Appointment Only
(Available By Phone 9:00am to 6:00pm)
Sunday – Closed
2200 21st Avenue South, Suite 251
Nashville, TN 37212
This website is designed for general information only. The information presented on this site should not be
construed as formal legal advice nor the formation of a lawyer/client relationship.