Divorce can be complicated. For many Tennessee couples, however, the mediation process can not only make the process a bit more palatable, but can considerably shorten the amount of time it takes to end a marriage. It can help you save a few dollars, too, if you can avoid litigation fees. But what if you and your spouse could use software to enter into negotiations and avoid most of the process altogether?
Modria, a Silicon Valley-based company, is attempting to do just that. They have developed a software program that would allow two people to fill out a series of forms and questionnaires about their goals and needs – including a section that allows for the hashing out of disputes – that can be filed in a court in order to move their divorce along more quickly.
Billed as resolution software, the program was “initially developed… [by Modria] to help eBay and PayPal solve customer complaints about damaged goods or late deliveries without employing teams of customer service representatives. At eBay, [founder Colin] Rule said his system was resolving 60 million disputes a year.” So far, the software has only been used in the Netherlands for family law matters, but Ohio has used the program to handle tax assessments to avoid going to court, and a “New York-based arbitration association” relies on the software to help settle claims involving certain kinds of motor vehicle crashes. Michigan uses their own version of resolution software to handle traffic disputes
Why this software is a bad idea
Using technology to ease the congestion in the courts seems like a good idea at first, especially for cases where the stakes are not terribly high, like paying a parking ticket. But no software program can possibly prepare you for what happens during a divorce – even an amicable one. Simply having an unaffiliated attorney review a filing for “fairness” does not cut it, and it may not even be required by law. At the end of the day, unless you or your spouse is a Tennessee divorce lawyer, you cannot be assured that you are truly getting the best possible outcome. This becomes even more important when you and your spouse share a business, have created a family or have substantial assets and/or debts.
A divorce that is wanted by both parties does not have to be difficult, but it should not be impersonal, either. There are too many outside factors which affect how property is valued and divided, how your children’s needs will be cared for, and how your goals can be met. This type of technology may work for other areas of the law, but it should not be relied upon for something as important as your family’s future.
If you are considering a divorce, do not let a piece of software tell you how to proceed; work with a skilled Nashville divorce lawyer who understands what you are going through and what tools you will need to move forward. We invite you to contact Miller Upshaw Family Law, PLLC, to find out more about our family law services.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
