Do the Grounds for Divorce in TN Make a Difference in the Ability to Negotiate a Settlement Out of Court?
Couples can often negotiate an equitable divorce settlement even when one party is clearly at fault for the termination of a marriage. But basic human nature makes such negotiation more difficult when one party commits an act that angers the other ¾ and represents fault-based grounds for divorce in TN.
These grounds for divorce include:
- Felony conviction and imprisonment
- Cruel or inhuman treatment
- Abandonment and neglect
- Willful desertion for longer than one year
Needless to say, the victims of such acts tend to be less willing to negotiate a divorce settlement. And the injured party might very well obtain a better settlement through litigation, so that is the more likely route for him or her to take.
In addition to providing fault-based grounds for divorce, the Tennessee Code cites two grounds that can be interpreted as no-fault:
- Irreconcilable differences between parties
- Living continuously apart for two years without cohabiting, as long as the parties have no minor children
Under such circumstances, the divorcing couple is more likely to arrive at a settlement through mediation or other alternative dispute techniques than to land in court. But regardless of the grounds for divorce, the cost savings and control provided by negotiated settlements can occasionally lead even highly contentious couples to work out an agreement without the need for litigation.
With more than a decade of experience guiding individuals through the emotionally-charged issues of divorce, William Stover, Attorney at Law can assess your circumstances to help determine if you and your spouse can negotiate an out-of-court settlement.