When ending a marriage decades ago, couples used to litigate the divorce as a matter of course since states required at least one of them to provide grounds for the legal split. This was the case even if the divorce was amicable. Over the years, the situation has moved entirely in the opposite direction. Now, a Divorce Attorney in Cleveland TN works hard to help clients avoid going to court, even if the split is volatile and acrimonious.
Alternatives to Litigation
Litigating a divorce is expensive and time-consuming. In addition, there’s no way to make sure that either person gets what he or she most wants. In contrast, through collaborative processes or mediation, the two have the chance to negotiate through their differences in regard to assets, debt obligations, and child custody and visitation. They don’t even have to be in contact with each other. A mediator can walk back and forth between two rooms, with each spouse and a Divorce Attorney in Cleveland TN keeping their separate locations.
Potential Issues
Assets
Couples who have acquired substantial assets since the nuptials may have a difficult time dividing everything equally. There also may be complicated aspects, such as real estate that was protected in a prenuptial agreement, but it turns out the agreement has been invalidated by one action or another. For example, if the owner of that property took a mortgage on it to fund the spouse’s business venture, the agreement no longer will hold up in court.
Spousal Support
There also may be disagreements about spousal support, also called alimony. The spouse expected to make these payments denies the responsibility, while the other spouse believes those payments are deserved.
Child Custody
Child custody issues can be contentious when both parents want primary physical custody, or if one demands joint custody while the other refuses. The matter of joint custody becomes problematic if the parents do not plan to reside in the same town or even the same region. They could allow a judge to decide in court, but lawyers with a firm such as Chancey-Kanavos generally encourage clients to make efforts to negotiate in mediation instead.
