Divorce by Agreement of the Parties

A ‘no-fault’ divorce is granted if the parties agree upon “irreconcilable differences”. Only one party files for this type of divorce, with an agreement signed by both parties, called a Marital Dissolution Agreement. Whenever it is in the clients' best interest, we will seek to reach an amicable settlement if at all possible, in order to avoid the time, expense, and uncertainty of litigation.

What if an agreement can’t be reached?

If a mutually acceptable agreement cannot be reached, the divorce may be granted if the court finds one party is guilty of marital fault which justifies granting that party a divorce against the other. Regardless of who is at fault, however, the court must fairly divide the parties' marital property. There is a wide range of marital faults that may justify divorce, ranging from inattention to spousal needs, as well as verbal and physical abuse. This process can be extremely emotionally challenging and personally intrusive. There may also be issues regarding whether spousal support (alimony) should be granted to one of the parties.

Child Custody

In the state of Tennessee, the court must approve a parenting plan that provides parenting time to each parent and typically requires one parent to pay the other child support in accordance with Child Support Guidelines. A parenting plan is a document that outlines provisions for every aspect of the minor’s care and support. If this parenting plan cannot be agreed upon, the court will adopt a parenting plan that is in the best interest of the child.