Divorce can be emotionally exhausting, especially when it comes to dividing assets and debts. Most couples take on shared debt during their marriage, like student loans, mortgages, or credit cards, and dividing it during a divorce can be complicated. Whether you are working things out together through mediation or litigating in court, having an experienced divorce attorney on your side can make a big difference in helping you reach a fair agreement and protect your financial future.
Mediation As A Way For Parties To Settle Debt
Mediation is a collaborative way for couples going through divorce to stay involved in the decision-making process, especially when it comes to dividing shared debts and financial responsibilities. Rather than leaving major financial and personal decisions in the hands of a third-party judge, mediation gives both parties the opportunity to work together to reach mutually agreeable terms on how their assets and debts should be divided fairly. This may include debts such as mortgages, loans, credit card balances, and other joint financial obligations. Mediation has additional benefits over going through a full court trial as it can save time, cut down on legal costs, and can be emotionally less stressful.
In Tennessee, contested divorces are usually mandated go through mediation before moving to trial, as outlined in Rule 31. This reflects the state’s belief that spouses are the best ones suited to make important decisions about their future. Mediation is conducted by a neutral third-party mediator, certified under Rule 31, who helps both sides communicate effectively and reach compromises on common divorce issues like property division, debt allocation, spousal support, and child custody. The mediator is neutral and does not take either side, but rather is there just to help parties move towards solutions. Additionally, the mediator is not a judge and cannot make decisions, as that is in the control of the parties. It is always recommended to come to a mediation with your divorce attorney, as they can help protect your interests and help you with contested issues.
If an agreement is reached during mediation, it can be formalized into a binding legal document that the court can approve. However, if no agreement is reached, the case will proceed to trial, where a family court judge will decide unresolved matters, including debt distribution.
Equitable Division of Debt in Tennessee
If a case goes to trial, the Court will follow Tennessee law to determine how debt will be divided between the parties. Tennessee law follows the principle of equitable distribution. This means the court aims to divide marital property in a way that they determine is fair and equitable. It is important to understand that this does not mean that all assets are split equally 50/50 between the spouses.
It is also important to note that only marital property, that is assets and debts acquired during the marriage, is subject to division. Premarital or separate property, such as gifts, inheritances, given to one spouse and kept separate from marital accounts, generally will remain with the original owner. As equitable distribution is based on fairness rather than a strict 50/50 split, the court can look at all relevant factors to determine how to divide debt in a divorce. As such, working with a knowledgeable Tennessee family law attorney can help ensure your interests are protected in the asset division process.
Contact J. Ryan Johnson Law for Help in Your Tennessee Divorce
If you’re facing a divorce in Connecticut, having the right legal support can make all the difference. At J. Ryan Johnson Law, we provide knowledgeable and compassionate representation to help you navigate each step with confidence. Whether you’re navigating a high-net worth divorce, a collaborative process, or a highly contested case, our firm is equipped to guide you through effective mediation and strategic negotiation. Contact us to speak with an experienced Tennessee divorce attorney who will advocate for you from start to finish.
