Family Law Litigation & Dispute Resolution
When it comes to family matters, emotions often run high, and agreement on how to resolve important issues can understandably be difficult to reach. If you are facing a major life change, such as a divorce, and questions arise regarding custody, support, and asset division, a smooth resolution may be less remote than you think. The family law lawyers at Martin Heller Potempa & Sheppard help people throughout the Nashville region and beyond pursue their needs and goals. Our firm is committed to handling our clients’ concerns professionally and in as timely a manner as possible. Aided by cutting-edge technology, we develop creative approaches to the complex issues that we encounter.Comparing Mediation to Litigation
Since the process of divorce is often fraught with stress, issues may be better settled outside the confrontational environment of a formal courtroom. Mediation offers a private, informal setting for divorcing spouses to attempt to work out agreements regarding issues that often arise in a separation. Often, couples will disagree on whether spousal support is necessary, proper child custody arrangements, stipulations regarding child support, and dividing assets or the value of a family business. Benefits of engaging in mediation may include:
- Private setting: Whereas court proceedings are usually put into public records, mediation only stays between the parties, their attorneys, and an impartial mediator. Generally, what is said during mediation is inadmissible in court, giving everyone the freedom to express concerns without worrying about later repercussions if litigation is necessary.
- Cost effective: Mediation does not require as much time as litigation, making fees and other costs lower than litigation expenses.
- Quicker resolutions: Mediation is set based on your and the other party’s timelines, rather than a court’s schedule that may be busy as well as require multiple hearings and appearances.
Mediation is a good place to talk openly about sensitive subjects, like child custody arrangements, making sure spouses can express themselves openly to determine what is in the best interest of their children. However, sometimes mediation is not successful, and in those instances litigation may be necessary to make sure you and your family’s interests are protected.
Tennessee law requires most couples that are divorcing to engage in mediation prior to going to court. However, mediation is not necessary for those who are going through an uncontested divorce, which is when the spouses agree on the reasons for divorce as well as the vital issues. Tennessee is a ‘no-fault’ divorce state, which means that couples may file for dissolution of marriage based on irreconcilable differences. However, courts will not grant divorce petitions on this basis until all parties have previously reached a marital dissolution agreement, as well as a permanent parenting plan in the case of couples with minor children.Consult a Lawyer for a Family Law Matter in Franklin
Trying to come to an agreement regarding your family’s future may take some work and the help of an advocate who can help you articulate your feelings and desires. The divorce attorneys at Martin Heller Potempa & Sheppard can assist residents of Franklin with their knowledgeable and compassionate advocacy in mediation as well as litigation. We represent individuals throughout Davidson and Williamson Counties, including in Green Hills, Hillsboro Village, and Bellevue. If you need legal assistance in a family law dispute, contact us online or call (615) 800-7096 to schedule an appointment.