If you and your spouse are contemplating a divorce which will include a complex property division process, you may be thinking that a contentious court battle is inevitable. However, in Tennessee, couples are required to try divorce mediation first, and it they are unable to come to an agreement, they are free to litigate. What we want to talk about today are the advantages of keeping your high-asset divorce case out of court:

• You have more privacy. Mediation conferences are done in private and what transpires is confidential as opposed to public hearings, which air the private personal and financial details of the marriage. If you and your spouse choose to settle out of court, you can avoid having your records made open to the public.
• The process moves more quickly. If both parties are willing to cooperate, you may reach a settlement in weeks or a couple of months, rather than the year or more that it might take to litigate a complex divorce case.
• You can maintain more control. When you take a divorce case to court, you are at the mercy of the judge’s decisions, and these are decisions which will have a lasting impact on your life. When both parties work together to forge an agreement that satisfies everyone concerned, you can maintain more control over the decisions which impact your life.
• It is more cost-effective. Litigation costs more money for a number of reasons. While there are still expenses associated with mediation and/or settlement, you will end up saving money.
• It is better for the children. Choosing not to “go for the jugular” not only shows your children how to settle disagreements reasonably, it also limits the amount of time they are exposed to the divorce proceedings if they can see that both parents are working towards a better resolution in a thoughtful, productive way.

You will still be able to have access to all of the experts you might require including business valuation experts, appraisers, forensic accountants, estate planning experts, tax professionals and other specialists who will help to make sure that your interests are being protected.

Mediation may not be appropriate in all divorce cases

In cases where the relationship between the spouses is volatile, and one or both parties are prone to creating conflict, or in cases of domestic abuse where one party may be physically, sexually or psychologically abusing or controlling the other party, the parties may be unable to set aside their differences and approach a settlement in a civil manner.

The most important aspect of a high-asset divorce is choosing the right divorce attorney. When you work with an experienced Nashville divorce attorney from Miller Upshaw Family Law, PLLC, you can have confidence in our ability to fight for the best outcome possible while honoring your goals and desires for your divorce.

You are welcome to schedule an in-person or video consultation with an experienced Nashville divorce attorney from the Nashville family law firm of Miller Upshaw Family Law, PLLC. Whether you move forward with mediation or litigation, we will be your advocate during challenging times. We invite you to call 615-391-4200 or use our contact form to reserve an in-person or video consultation with our skilled family law team today.