There is no getting around the fact that divorce is an emotional process. It does not, however, have to be a contentious process. While navigating an amicable divorce settlement in Tennessee can be challenging, it is possible to reach a fair and just agreement without conflict and adversarial litigation. To help get you started, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby discusses negotiating an amicable divorce settlement in Tennessee.
Understanding the Basics of an Amicable Divorce
An amicable divorce requires both spouses to work together to negotiate the terms of their divorce without the need for a court to intervene and
make decisions. In Tennessee, you can file for divorce using “no-fault” or “fault” grounds. If you allege fault grounds, those grounds must be proven during the course of the divorce proceedings. If you believe you can achieve an amicable, or “uncontested,” divorce, you will likely allege “irreconcilable differences” as the grounds for your divorce, allowing you to get divorced without the need to prove fault on the part of either party. To qualify for an uncontested divorce, both parties must agree on all issues and one or both spouses must have lived in Tennessee for at least six months before filing.
What Must Be Included in an Amicable Divorce Settlement in Tennessee?
To get through the divorce process without costly and emotionally draining litigation, you and your spouse must be able to agree on all terms of the divorce settlement. Typically, this means you will need to reach an agreement regarding:
- Division of Assets and Debts: All marital assets and debts must be divided. Separate assets, such as assets owned prior to the marriage and assets inherited during the marriage, remain with the spouse who owns the asset. This may include things such as real estate, bank accounts, investments, retirement accounts, and personal property as well as mortgages, credit card balances, and loans. Tennessee is an “equitable distribution” state, meaning that the court will attempt to make a fair (not necessarily equal) division of debts and assets if you and your spouse are unable to reach an agreement.
- Alimony (Spousal Support): Tennessee does recognize the right to alimony under certain conditions. Factors such as the length of the marriage, each spouse’s financial situation, and the earning capacities of each spouse will be considered when awarding alimony. A spouse may be awarded rehabilitative alimony, alimony in futuro (permanent alimony), transitional alimony, or alimony in solido (lump sum alimony).
- Child Custody and Parenting Plan: If you and your spouse have minor children, your divorce settlement must include a detailed parenting plan. Tennessee law requires divorcing parents to submit a Permanent Parenting Plan that addresses the various issues relating to the children. For example, you must decide which parent will be the Primary Residential Parent (PRP), agree to a parenting time schedule for the Alternative Residential Parent (ARP), designate which parent has decision-making authority, and include provisions for resolving future disputes. Child support must also be calculated using the Tennessee Child Support Guidelines and included in your Parenting Plan along with the payment schedule, method of payment, and any additional expenses, such as health insurance, extracurricular activities, and education costs.
- Health and Life Insurance: If one spouse is currently providing health insurance for the other spouse or the children, the settlement should specify whether this coverage will continue after the divorce and who will be responsible for paying the premiums. If you currently have life insurance policies naming each other as the beneficiary, you may need to change those or agree to retain the policies as they are for the benefit of your minor children.
- Retirement Accounts and Pensions: Tennessee law considers retirement benefits earned during the marriage as marital property, meaning they are subject to division in the divorce. Your settlement should specify how these accounts will be divided, which may necessitate the use of a Qualified Domestic Relations Order (QDRO).
- Taxes: Your divorce settlement should address how taxes will be handled which may include deciding which spouse will claim the children as dependents for tax purposes, how any tax refunds or liabilities will be divided, and how alimony payments will be treated for tax purposes.
Navigating an amicable divorce settlement in Tennessee is certainly possible; however, even an amicable divorce can be complicated. Consulting with an experienced Tennessee divorce attorney ensures that you have covered all issues and that the terms of your divorce comply with all relevant laws.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about divorce in Tennessee, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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