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Are there any benefits to try and reach an uncontested divorce?

On Behalf of | Jul 15, 2024 | Divorce

Divorce can be a stressful and costly process. However, an uncontested divorce in Tennessee offers a less complicated and more amicable alternative. By understanding the benefits and conditions of an uncontested divorce, couples can make informed decisions that might alleviate some of the burdens typically associated with divorce.

What is an uncontested divorce?

This occurs when you and your soon-to-be ex-spouse can agree on every aspect of the divorce. This includes agreements on property division, alimony, child support and custody arrangements. If disputes arise, mediation can help resolve these issues and keep the divorce uncontested. Tennessee recognizes two main methods for uncontested divorce: agreed divorce and irreconcilable differences.

Agreed divorce

An agreed divorce is a simplified form of uncontested divorce. However, it is only available to couples who meet specific criteria. There must be no minor or disabled children and no jointly owned real estate or businesses. There must also be mutual agreement on alimony and property division.

Irreconcilable differences

If a couple does not qualify for an agreed divorce, they can file under the grounds of “irreconcilable differences.” This requires the couple to draft a settlement agreement addressing all aspects of their divorce, including child support, custody, alimony and division of marital assets.

Benefits of uncontested divorce

Pursuing an uncontested divorce offers several significant benefits. The primary is that it is more cost-effective and efficient. The streamlined process typically takes between 60 to 90 days, which reduces the legal fees and court costs that can accumulate in a contested divorce.

Benefits your children

An uncontested divorce allows couples to communicate and work together more effectively, which can be particularly beneficial if children are involved. Maintaining a cooperative relationship post-divorce can be invaluable for co-parenting and reducing emotional stress.

Preservation of benefits

Uncontested divorces can help preserve important benefits. Couples can retain federal tax advantages, future social security entitlements, military pensions and health insurance. Additionally, they can maintain inheritance rights and uphold cultural or religious beliefs about marriage and separation.

Quick finalization

Once an agreement is reached, an uncontested divorce can be finalized quickly. This expediency helps both parties move forward with their lives sooner, reducing the period of uncertainty and emotional turmoil.

Conclusion

While divorce is inherently challenging, opting for an uncontested divorce in Tennessee can provide a smoother and more efficient path. Understanding the requirements and benefits can help couples make the best choice for their situation, leading to a less stressful transition into the next chapter of their lives.