Don’t settle for just any mediator. Instead, choose the family mediator that’s right for your case. What makes a good family mediator? Look for a Listed Tennessee Supreme Court Rule 31 Mediator. - Experience (Mediator’s Background) - Respect / Non-Judgmental - Flexibility - Common Sense / Good Sense of Humor - Referrals, Referrals, Referrals

Generally, the cost to mediate is shared equally between the parties involved unless otherwise stated. In some cases, the judge may order a case to be mediated.

If the parties do not reach an agreement, you maintain the right to take the dispute before a judge or jury. If you start family mediation but decide to stop before you complete an agreement, you will maintain your right to go to court at a scheduled court date.

Mediation is confidential. No information you share during mediation is shared with the judge. The mediator only reports the result of the mediation – if it was successful or not. Unless otherwise communicated, all conversations and documents presented during mediation are confidential and privileged under Tennessee mediation law T.C.A. § 36-4-130.

You can attend voluntary mediation any time before or during a case. A trained Mediator will lead the mediation meeting. Each party voices its opinion as to how to resolve the matter. The role of the Mediator is to help you and the other party reach an agreed-upon resolution without going to court for full litigation. Most family mediation sessions are agreed-upon hours, but usually no longer than five-hour sessions. Mediation can be conducted in person or remotely via phone, email, or video. Having the flexibility to conduct mediation means you can work around work conflicts, illness, and agreed-upon. You can prepare for family mediation with a proposed parenting plan, ideal arrangements, lists of expenses, proof of income, and entries from a parenting journal or calendar showing when you care for your child.

In some cases, it is not required under Tennessee law for one or both parties to have an attorney to get divorced in Tennessee. However, this is usually only the case when the parties do not own any real property (including buildings or land), do not have a pension or retirement benefits, and are in complete and total agreement about how to divide all other personal property (i.e. money, cars, bank accounts, debts) and how to share custody of any children. These are very narrow circumstances, so often at least one party will be required to have representation by an attorney to get divorced, even if the parties agree. Further, it is always a good idea to have an attorney represent you in a divorce so that you can receive legal advice and ensure that your rights are protected.

A “no fault” divorce is a divorce where the party filing for divorce is not required to prove grounds to the Court for the Court to declare the parties divorced. Tennessee is a “no fault” divorce state, wherein the Court will enter a divorce decree without either party proving grounds for divorce. These “no fault” divorces are known as divorces with “irreconcilable differences.” However, for the Court to find that the parties have “irreconcilable differences,” the parties must both be in full agreement with the divorce and the Court must find that the parties have made sufficient written agreements for the custody of any children of their marriage and for an agreed division of their property. See generally Tenn. Code Ann. § 36-4-103.

Yes, a legal separation is different from a divorce, as a legal separation does not end the parties’ marriage, but does allow the parties to “cease matrimonial cohabitation” under Tennessee law. If the parties do not reconcile following a legal separation, the Court can later grant them a divorce. However, the Court can also hear and determine orders on matters such as child custody, visitation, support and property issues during legal separation and must still make an adjudication of the parties’ property rights in divorce proceedings following a legal separation. Often, the process of a legal separation prior to a divorce just adds time and expenses to the proceedings for parties that do not reconcile. See generally Tenn. Code Ann. § 36-4-102.

A Marital Dissolution Agreement (MDA) is a divorce agreement, or divorce settlement agreement, in which two spouses agree to the division of their property or assets and agree to get divorced. The Tennessee Administrative Office of the Courts has a form for a marital dissolution agreement on its website. The MDA lists each parent’s personal property that they shall keep after the divorce. It also includes the debts that each party will assume after the divorce. The MDA must be signed by both parties and notarized. The judge hearing the divorce will have to approve the MDA before the divorce is approved and finalized.

How long it takes to get divorce often depends on the circumstances of the case. If it is a contested divorce, where the parties do not agree, and the Court will have to make a determination about division of assets and child custody, the typical divorce will likely take at least nine (9) months, but it can take up to a year and a half or longer. However, in an uncontested divorce where the parties agree, there is a minimum “waiting period” wherein the divorce must be on file for a certain period of time before the Court may enter a final decree of divorce. For parties without minor children, the minimum waiting period is sixty (60) days, while the minimum waiting period is ninety (90) days for divorces with minor children. The same “waiting period” also applies in cases where the defendant party does not participate and a default is sought as well. See Tenn. Code Ann. § 36-4-101 and 36-4-103.

In Tennessee, the party who files for divorce may file the divorce complaint in a few different places, depending on the circumstances, including:1. in the county where the parties reside at the time of their separation (or where both parties reside if they are not separated at the time of filing), or2. if the parties are separated and living in different counties, then the county where the defendant, or the party served with divorce, resides if they are still living in Tennessee.3. If the defendant is not a resident of Tennessee or is incarcerated, then the party filing for divorce may also file in the county where they reside.See Tenn. Code Ann. § 36-4-105(a).

If you were not a resident of Tennessee during the marriage or prior to your separation, you must have lived in Tennessee for at least six (6) months before you can file for divorce. See Tenn. Code Ann. § 36-4-104(a).

If you and your spouse are in agreement, whether or not you will have to go to Court typically depends on the local rules for the Court where your divorce is filed. Some courts do not require the parties to appear if the parties are completely in agreement and there are no other issues with the filings and divorce paperwork. However, some courts will require one or both parties to appear for a brief hearing to ensure that the parties are in agreement prior to entering a final divorce decree.

Whether you should move out of the marital home prior to or after filing for divorce largely depends on the circumstances of your case. Excluding situations which involve domestic violence or the issuance of a restraining order or an order of protection, there is no law in Tennessee which requires one or both parties to move out of the marital home during divorce proceedings. However, moving out of the marital home can impact various issues involved in a divorce, including child custody, spousal support, and property division. Thus, it is often a good idea to consult with an attorney prior to a separation or either party moving out of the marital home.

Possibly. In any divorce or separation action, the Court may award alimony to be paid by one spouse to the other, though it depends on the nature and circumstances of the case. There are several different types of alimony, including alimony that is only temporary during the pendency of the divorce, alimony that ends after a certain period of time, and alimony that can later be modified under the right conditions. However, when determining whether to award alimony to a party, the primary considerations the Court will consider are the financial needs of each spouse and the financial ability of each spouse to meet those needs. See generally Tenn. Code Ann. § 36-5-121.

No. When a spouse files for divorce, several temporary injunctions are put into effect against both of the parties, including one which prevents both parties from “voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy.” This injunction extends to any insurance policy which covers either of the parties or their children, including life, health, disability, homeowners, renters, and automobile insurance. This injunction remains in effect until the entry of the final decree of divorce unless the parties agree between themselves, or the Court orders a change to the insurance policy. See generally Tenn. Code Ann. § 36-4-106(d).

Generally, no. While an injunction may not be formally issued regarding household bills and there may not be a specific law prohibiting this during a divorce, it is a bad idea. Courts typically require parties to maintain the “status quo” during the pendency of a divorce, including the payment of all current household bills. Further, taking an action like this will often lead the opposing spouse to seek temporary spousal support or a lump sum of temporary spousal support. Finally, all debt incurred by either or both spouses during the marriage up until the date of the final divorce hearing, including household bills, is considered marital debt under Tennessee law and will have to be allocated at the end of the proceedings. Thus, the failure of a party to contribute to or pay household bills can affect the divorce proceedings and the Court’s final determination.

No, Tennessee law does not favor mothers over fathers in divorce or child custody proceedings. In fact, Tennessee’s laws regarding child custody does not even refer to “mother” or “father,” but uses the gender-neutral term “parent” instead. When making a custody determination, the Court is required to first focus on the best interest of the child, but must also order a custody arrangement that permits both parents to “enjoy the maximum participation possible” in the child’s life. See Tenn. Code Ann. § 36-6-106(a).