Different Types of Divorce in TN
There are many different situations you can be in when the divorce process begins, and you should be as knowledgeable as you can about the variations in different types of divorce to make it run more smoothly. The following are a list of common potential legal processes and terms to help you identify the state of your case and determine your next course of action. Always seek professional legal help before attempting to perform any legal process, as this will greatly increase your chances of success.
With arbitration, both spouses will agree to hire a private judge, also known as an arbitrator, to come to the same potential conclusions a public judge would have the ability to make. Furthermore, you and your spouse must agree to honor the decisions made by the arbitrator, just as you would with a public judge.
In a collaborative divorce, both parties will also work alongside attorneys, but in a way that is different from other types of divorce. Each spouse will hire an attorney whose focus is working cooperatively in order to attempt to settle the divorce. Both sides will have their own lawyer, but most work involved in the case will be performed cooperatively. Each side will come to an agreement on the disclosure of any information deemed relevant to the case. In such a case, both sides will agree that, in the event a collaborative conclusion cannot be met, the initial lawyers will withdraw and new attorneys will be hired to take the case to trial.
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A contested divorce is one of the most common types of divorce and occurs when either side of a divorce cannot come to an agreement over the terms of the divorce, and have decided to take the issues to be heard before a judge. In this case, you would be required to traverse a process which includes the exchanging of information, negotiations to conclude settlements, multiple hearings, and, eventually, a court trial. Contested divorces are never a good idea to go through alone, you need an experienced attorney by your side to help represent you and champion for your best interest.
With some types of divorce, including a default divorce, one spouse will simply not respond to or refuse to acknowledge formal divorce filings. In such cases, a divorce will be granted regardless of whether both parties are actively participating in the proceedings. For instance, default divorces are often granted to those whose spouse has fled the vicinity and cannot be found.
Fault and No-Fault Divorce
Previously in courts across the US, those who sought to file for divorce were required to provide evidence which proved that their spouse was at fault for the breaking of the marriage. Now, all states provide the option to file for a “no-fault” divorce. In the case of a no-fault divorce, rather than requiring one spouse to prove the other’s fault, they are only required to signify that the relationship has experienced irreconcilable differences or an irremediable breakdown.
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Mediation is often the best option for those filing a contested divorce, as it involves the presence of a neutral third party in reaching agreements on the terms of the divorce. With these types of divorce, the third party, called the mediator, will not make final decisions, but will, rather, assist both spouses in coming to an agreement. A good mediator will listen to both sides and bolster productive conversations about making arrangements which suit all parties involved.
If possible, uncontested divorces are among the best types of divorce for those going through a divorce, as no formal trial is required and, in most cases, you won’t even have to make an appearance in court. In order to file for an uncontested divorce, spouses must come to an agreement on the terms of the divorce and file paperwork together.