Collaborative Divorce in Franklin

Separate Legal Counsel for a Negotiated Divorce

Collaborative divorce gives each spouse independent legal counsel while they work toward an agreement outside the traditional trial process. I handle family law matters through collaborative law, mediation, or litigation, tailoring my approach to your circumstances and priorities.

The process can address property division, parenting arrangements, child support, and spousal support. Rather than asking a judge to decide each disputed issue, spouses and their separate collaborative lawyers negotiate terms that can be documented and submitted for court approval.

To discuss whether collaborative divorce may fit your circumstances, call MC Davis Law at (615) 235-5620.

How Collaborative Divorce Works in Tennessee

Each spouse retains a separate collaborative lawyer who provides independent advice and represents that spouse during negotiations. The spouses and their lawyers then sign a collaborative law participation agreement that identifies the matter and establishes their commitment to the process.

Participation is voluntary. A court can’t require someone to enter the process over that person’s objection. The court generally doesn’t decide disputed issues during negotiations, although the final settlement and required divorce documents must still be submitted for review and approval.

Tennessee Supreme Court Rule 53 governs collaborative family law matters, including participation agreements, disclosure, termination, family-violence screening, lawyer disqualification, and court approval.

What to Expect During the Collaborative Process

Before the participation agreement is signed, the prospective collaborative lawyer must discuss whether the process is appropriate and explain its material benefits and risks compared with available alternatives. Depending on the circumstances, those alternatives may include mediation, litigation, arbitration, or expert evaluation.

A collaborative matter commonly involves these stages:

• Identifying the issues: The spouses determine which financial, parenting, and support matters require resolution.
• Exchanging information: Each spouse provides relevant information through a timely, candid, and informal disclosure process.
• Evaluating options: The spouses and their lawyers consider possible terms and their legal and practical effects.
• Negotiating an agreement: The parties work through unresolved issues with advice from their respective attorneys.
• Preparing documents: Agreed terms are incorporated into settlement documents and other required filings.
• Seeking court approval: The completed documents are submitted through the appropriate Tennessee court process.

Rule 53 calls for full disclosure of information related to the collaborative matter, including a sworn statement of assets and liabilities. Financial disclosure is particularly important when a divorce involves real estate, retirement accounts, business interests, debts, or questions about income.

How Collaborative Divorce Differs from Other Options

Collaborative Law
Each spouse has a separate lawyer throughout negotiations. The parties follow a defined process to exchange information, consider options, and pursue an agreement without asking the court to resolve disputed issues.

Mediation
A neutral mediator helps the spouses communicate and explore possible terms but doesn’t represent either person. Each spouse decides whether to retain an attorney for advice before, during, or after mediation.

Uncontested Divorce
An uncontested divorce generally means the spouses already agree on the necessary terms. Collaborative law provides a structured way to negotiate and document an agreement when unresolved issues remain.

Divorce Litigation
In litigation, disputed issues are presented to the court under court-controlled procedures. A judge may decide matters such as property division, a parenting plan, child support, or alimony when the spouses can’t reach an agreement.

When Collaborative Divorce May Be Appropriate

Collaborative divorce may be worth considering when both spouses can participate voluntarily, provide relevant financial information, and negotiate within a structured process. They don’t need to agree at the outset, but both must be willing to work toward negotiated solutions.

Factors to evaluate include:

• Whether each spouse can negotiate freely and safely
• Whether both spouses will provide complete financial disclosure
• Whether parenting and financial disagreements can be addressed without immediate court intervention
• Whether both spouses understand and accept the consequences of ending the process
• Whether the circumstances require safeguards beyond the collaborative setting

A history of family violence, coercion, intimidation, hidden assets, or refusal to disclose information may make another approach necessary. Immediate safety concerns or the need for urgent court orders may also require litigation. I listen closely to your circumstances before discussing which path may be suitable.

What Happens If the Collaborative Process Ends?

Either party may terminate the process with or without cause. It may also end if a party seeks court intervention or begins a related proceeding without the agreement required under Tennessee’s collaborative law rules.

If the case proceeds to litigation, the collaborative lawyers generally can’t represent the spouses in the related court proceeding. Each spouse may need to retain new litigation counsel, who will need time to understand the relevant financial, parenting, and procedural history.

Limited exceptions may allow collaborative lawyers to submit a completed agreement for approval or address an emergency as permitted by Rule 53. The participation agreement and applicable rules should be reviewed carefully before the process begins.

More Than Three Decades of Family Law Experience

I focus my practice on family law matters involving divorce, child custody, child support, alimony, and property division. For more than three decades, I have served families in Franklin and Williamson County through individualized representation grounded in careful listening and informed decision-making.

Williamson County is part of Tennessee’s 21st Judicial District, which includes Chancery and Circuit Courts. Even when spouses reach an agreement through collaborative law, they must complete the necessary filings and obtain court approval to finalize the divorce and related orders.

Evaluate Your Options Before Choosing a Divorce Process

A consultation can identify the issues requiring agreement, clarify the commitments and risks involved in collaborative law, and compare the process with mediation or litigation. Choosing a process isn’t the same as predicting an outcome. I can give you the information needed to make a deliberate decision based on your family, finances, safety, and ability to negotiate.

Call MC Davis Law at (615) 235-5620 to discuss your circumstances and available legal options.