Legal Question in Family Law in Tennessee

question about divorce

me and my wife have been separated for over 5 years now.we share custidy of our 8 yr old daughter , she lives at home with her mom but stays with me on my days off every week.i pay my ex 75.00 per week plus i buy things our daughter needs.there is never a problem with this arrangement. my question is do i need to hire an attorney in tennesee to get a divorce done with a child involved? or can i do this on my own by filing the correct papers. me and my ex have talked and the divorce agreements will be uncontested. also i heard from someone that you have to go thru child parenting classes in tennesee when you get a divorce when children are involved. is this true? if it is true do you have to still do the class even if its uncontested? thank you for your time.


Asked on 11/08/06, 11:30 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: question about divorce

You no more "have to" use a lawyer when you get a divorce than you "have to" use a dentist when you get a root canal.

Personally, I don't want to try doing my own dental work. "Filing the right papers" is only part of the issue. In an agreed divorce, called an Irreconcilable Differences divorce in Tennessee, preparing the agreement properly is far more important. I understand that you may be thinking that if you and your wife agree, then all you need to do is to write down what your agreement is and that should be it. But it is not.

If you want general information on divorce and parenting issues, check my website at jesbeard.com. If you and your wife are genuinely in agreement, then put down the basic terms of the agreement and then go to an attorney to see that everything is drafted properly and that future potential problems are addressed in the agreement.

If you don't, you and your wife will likely encounter a problem in the future resulting from your failure to use an attorney, and to correct the problem you are then certain to need an attorney, and you will end up paying far more than you would have to start with.

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Answered on 11/14/06, 9:16 am
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: question about divorce

I help parties file agreed divorces, even when there are children involved. I charge only for the paperwork and not my time in court, because you are actually representing yourself in court. See http://michaelguth.com/prose.htm

Most Chancery Courts do require a set of 4 or 5 parenting classes. To learn your county's requirement, you should call the "Clerk and Master" of Chancery Court, speak to a deputy clerk, and ask if parenting classes are required in an agreed divorce where there is agreement on visitation.

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Answered on 11/09/06, 9:14 am


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