Tennessee Divorce and Child Custody Legal Services
Benjamin Papa Nashville Divorce Lawyer and Mediator
Tennessee Divorce
There are three basic options for couples considering divorce in Tennessee. Each option is explained in more detail below, but the following chart is designed to provide an overview of the various options available to divorcing couples or couples experiencing child custody conflict.
Tennessee Divorce Options Chart:
| Option | Recommended Use | Approximate Average Cost | Effect On Ability To Co-Parent Later | Control | Timing |
|---|---|---|---|---|---|
| UNCONTESTED DIVORCE (One or Two Attorneys Involved) |
Low to Moderate Conflict The parties expect to agree to all of the terms of the divorce once they receive legal advice and guidance through the process. This option is the best in most cases. |
Approximately $2,000.00 collectively if only one attorney is involved, even less if there are no children, but more if two attorneys are involved | Because this process is the least adversarial and stressful, the parties are best poised to be good co-parents after the fact. | The parties make all of their own decisions related to the divorce, with or without the advice of counsel. | Because the parties agree to the terms of the divorce, much of the legal process is not necessary, usually making this the fastest option. |
| DIVORCE MEDIATION (One or Two Attorneys Involved) |
Moderate to High Conflict The parties expect to agree to all of the terms of the divorce, but may need significant help and guidance from attorneys or the neutral mediator to do so. |
Approximately $2,000.00- $10,000.00, depending on the number of attorneys involved and the complexity of the case | Good mediators help the parties consciously make decisions that will facilitate their ability to co-parent later. The facilitative (as opposed to evaluative) style of this process encourages healthy communication. | The parties make all of their own decisions related to the divorce, with or without the advice of counsel. | The divorce process is stream-lined by virtue of using mediation because some of the time-consuming steps are avoided. |
| COLLABORATIVE
DIVORCE (Two Attorneys Involved) |
Moderate to High Conflict The parties expect to agree to all of the terms of the divorce, but may need significant help and guidance from attorneys or other professionals to do so. |
Approximately $2,000.00- $10,000.00, depending on the number of consultants involved and the complexity of the case | Good attorneys help the parties consciously make decisions that will facilitate their ability to co-parent later. They also consult with child therapists when needed for advice or education. | The parties make all of their own decisions related to the divorce with the advice of counsel. | The divorce process is stream-lined because all discovery is voluntary. |
| CONTESTED, LITIGATED DIVORCE (At Least Two Attorneys Involved) |
Very High Conflict One or both parties cannot make reasonable decisions for themselves; or cases where criminal activity or mental illness is present. This is the best option only very rarely. |
Can easily cost $50,000.00 or more, leaving many needing to file bankruptcy as a result. The dispute can cost more in legal fees than the value of the marital estate. | Because the litigation process is by definition an adversarial one, it often leaves parties all but totally unable to communicate civilly with the other parent. | The Judge makes all of the decisions and imposes them on the parties via Court Order. | Varies widely, but can take up to several years. Almost always slower than any of the other options. |
With Forward Focus, clients can work through all aspects of a divorce, including child custody, spousal support, and issues of property division, while avoiding a costly and highly stressful divorce trial. By utilizing innovative processes such as mediation or collaborative law, or by simply pursuing an uncontested divorce, clients realize significant financial savings while simultaneously minimizing conflict and maintaining much more control than is possible in traditional divorce litigation.
Attorney Papa also assists couples with post-divorce disputes, including revisions to parenting plans.
Uncontested Divorce
This is the process for obtaining a divorce that Attorney Papa recommends in most cases. It applies if the parties are experiencing low to moderate conflict but ultimately expect to be able to agree to the terms of the divorce once they have some legal advice and guidance through the process.
Attorney Papa represents the party filing for divorce (the ethical rules for lawyers do not allow attorneys to represent both people in the divorce.) Then the parties and Mr. Papa meet together and the couple, with Attorney Papas advice and guidance, decides all of the terms of the divorce (how property and debt will be divided, parenting time for the each of the parents, parental decision-making etc.). The meeting is a collaborative one, and although Attorney Papa is technically representing only one party, he works very hard to facilitate decisions that are fair to everyone concerned, especially any children that may be involved.
Attorney Papa drafts all documents and files everything with the court. The individual who is not Attorney Papas client has the option of taking the documents to another attorney for him or her to review prior to signing. But it is not necessary for both individuals to hire separate attorneys.
There is a 90-day waiting period from the date the Complaint for Divorce is filed (60 days if the parties do not have minor children together) before he arranges for and attends the final hearing where the parties will presumably be divorced.
Divorce Mediation
This is the scenario Attorney Papa recommends if the parties anticipate a relatively high amount of conflict during the divorce and expect not to be able to agree to the terms of the divorce without a significant amount of structured assistance. Mediation looks similar to an uncontested divorce in that all parties meet together to come up with the terms of the divorce, but this time since Attorney Papa would serve as a neutral mediator and would not be the attorney for either of the parties.
Because mediators cannot do legal work for the parties following the mediation, divorce mediation requires at least one of the parties to hire a separate attorney to do all of the legal work, which includes preparing and processing all of the paperwork described above.
Mr. Papa is the only attorney-mediator in Middle Tennessee to be currently listed as an Advanced Practitioner through the Family Section of the Association for Conflict Resolution, a premier national alternative dispute resolution organization.
Collaborative Divorce
Collaborative Divorce is a relatively new process for divorce resolution. Here, each client has his/her own attorney as a legal advocate. At the outset, each party signs an Agreement that indicates that they intend to resolve their dispute without involving the court, and that if they choose to take the matter to a judge, both attorneys automatically withdraw from the case. The attorneys cooperate throughout, including fully and voluntarily disclosing all pertinent information. Then the parties and their attorneys attend a series of meetings to work out the terms of the divorce which are then submitted to the court for final approval.
In more complicated collaborative law cases, the parties can bring to the meetings neutral consultants such as financial advisors and child therapists to advise the parties and attorneys how best to craft their divorce documents
Contested Divorce Trial
Attorney Papa does not recommend this divorce option for anyone, unless both of the other scenarios are utterly impossible. This is the scenario sometimes depicted on television where the parties each have separate attorneys throughout the divorce. They exchange lengthy and tedious interrogatories, engage in depositions, and participate in court hearings. At the end is a divorce trial where the judge ultimately rules on all of the issues related to the divorce the parties do not decide for themselves.
The average cost of this scenario varies widely, but ranges between $20,000 and $50,000 if children are involved. Attorney Papa very rarely does this work, but can refer to a Nashville divorce lawyer who handles these types of cases if this option is appealing.
Brentwood, TN 37027
Phone: 615-236-1488
Fax Leigh Ann Roberts:
615-834-1489
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Fax Benjamin Papa:
615-523-1327