During divorce, spouses must make important decisions about critical issues like property, finances, child custody, parenting time, and support. In Tennessee, couples may be able to resolve these matters through mediation, negotiation, or collaborative divorce. When they reach an agreement, the terms can be documented in a Marital Dissolution Agreement. If they cannot agree, a judge will ultimately decide the disputed issues. Understanding the difference can help spouses prepare for the divorce process. If you are considering divorce, continue reading and be sure to consult with experienced Tennessee divorce lawyer.
What is a Marital Dissolution Agreement?
A Marital Dissolution Agreement is a written agreement between divorcing spouses that establishes how they will resolve all remaining financial and property division. It can also address spousal support, marital debts, and dissolution of all other marital property, such as investments, retirement accounts, pensions, etc. When children are involved, child custody must be determined, and a separate parenting plan generally addresses parenting responsibilities, residential schedules, and questions related to the financial obligation of the children. Once the MDA is submitted to and approved by the court, the agreement can be incorporated into the final divorce decree and become legally enforceable.
How Do Couples Reach an Agreement?
Many spouses prefer to work out their own arrangements rather than leave deeply personal decisions to a judge. Negotiating a settlement gives them an opportunity to consider their family’s circumstances to find workable solutions.
Mediation is one way to reach that settlement. Under Tennessee law, must order mediation in all divorce proceedings, subject to statutory exceptions and the court’s authority to waive the requirement in appropriate circumstances. A neutral mediator facilitates discussions and helps spouses explore possible compromises. The mediator does not make the final decisions for them.
Collaborative divorce is another voluntary option. Each spouse usually retains a lawyer, and the participants agree to work toward a settlement without asking a judge to resolve their disputes during the collaborative process. Financial professionals and other neutral specialists may also assist when needed. The goal is to develop solutions through cooperation rather than courtroom litigation.
What Happens if Spouses Cannot Agree?
If no agreement can be reached during mediation or negotiation, the divorce case will proceed to trial. A Tennessee family court judge will hear the relevant evidence and arguments before deciding the matters the spouses could not settle. The judge’s decisions are reflected in court orders and the final divorce decree. These are different from a Martial Dissolution Agreement because the disputed terms result from the court’s ruling rather than an agreement between the spouses. It is also possible in some cases where issues may be settled in part, leaving only the unresolved issues for the judge to decide.
Should You Let a Judge Decide Your Divorce Case or Work with Your Ex?
Every divorce case is different. A lot depends on your relationship with your spouse and your ultimate goals. A Martial Dissolution Agreement gives spouses an opportunity to shape their own settlement, while a court order reflects decisions made by a judge. Even when a divorce begins as a contested case, the spouses can still reach an agreement before trial. However, when a divorce is highly contentious or one spouse is particularly hostile or uncooperative, working together to reach a resolution can be challenging. An experienced Tennessee divorce attorney can explain the available processes and help determine whether mediation, collaborative divorce, or litigation is the most appropriate path forward.
Get Personalized Legal Guidance for Your Tennessee Divorce
Divorce can be emotionally and financially challenging, particularly when disagreements make it difficult to reach a resolution. Mediation and negotiation may offer opportunities to resolve disputes without prolonged litigation, but it is important to understand your options and ensure your interests are represented throughout the process. Having the right legal guidance can help you understand your options and make informed decisions.
At J. Ryan Johnson Law, we provide compassionate legal guidance to individuals and families throughout Nashville and Tennessee, helping clients navigate mediation, negotiate favorable resolutions, and protect their interests at every stage of the divorce process. Contact us today to discuss your circumstances and learn how we can help you work toward a divorce resolution that supports your family’s needs and future.
