Choosing to end a marriage is one of the most significant life decisions you will ever make. Once the decision is made, the next question is almost always about the process. Many residents in Franklin, Tennessee, find themselves wondering if a public trial is inevitable or if there is a more private, efficient way to move forward. The short answer is that while every divorce must eventually be approved by a judge, you do not necessarily have to “go to court” in the sense of a high-conflict trial. In fact, a vast majority of divorce cases in Williamson County are resolved through out of court settlements.
Understanding the difference between a contested trial and a negotiated settlement can help you approach your situation with more clarity and less anxiety. At Rogers, Shea & Spanos, we prioritize helping our clients find the most productive path forward, whether that involves mediation, collaborative law, or, when necessary, aggressive litigation.
The Reality of the Divorce Process in Williamson County
In Tennessee, the legal path to ending a marriage begins when one spouse files a Complaint for Divorce. In Williamson County, these filings can go through the Chancery or Circuit Court in Franklin. However, filing a lawsuit does not mean you are destined for a courtroom battle. In fact, most cases do not.
Tennessee law provides two primary ways to finalize a divorce: a settlement or a trial. A settlement occurs when both parties reach an agreement on all necessary issues, including the division of marital property, alimony, child custody, and child support. When this happens, the agreement is memorialized in a Marital Dissolution Agreement (MDA) and, if children are involved, a Permanent Parenting Plan and a Child Support calculation.
If you reach a total divorce settlement, the “court appearance” to approve the settlement can be waived. If the appearance is not waived, only one spouse would have to attend a brief final hearing to testify that the marriage has suffered from irreconcilable differences and that the settlement is fair. Essentially, if the final hearing is waived, you may never have to step foot in the courthouse at all.
Why Settlement Is Often the Preferred Path
There are several reasons why settling out of court is the goal for many families in Franklin. Privacy is a major factor. Divorce trials are public records, meaning financial details and personal testimony can become accessible to anyone. Settlements allow you to keep the intimate details of your life behind closed doors.
Efficiency and cost are also critical considerations. Trials are expensive and time consuming. They require extensive preparation, many time consuming and expensive steps along the way, possibly the need for expert witnesses, and often times multiple days of court time. By reaching a settlement, you can often bypass months of litigation and significant legal fees.
Furthermore, a settlement gives you control. In a trial, a judge who does not know your family personally will make final decisions about your assets and your children. In a settlement, you and your spouse have the power to be creative and craft a tailor made solutions that fits your unique, specific family circumstances, lifestyle, and needs.
When Is Court Necessary?
While settling is ideal, it is not always possible. A case must go to trial if the parties cannot reach an agreement on one or more major issues. This often happens in high conflict situations or cases involving complex assets, such as a family business or significant inherited wealth. If one spouse is being unreasonable, hiding assets, or if there are serious concerns regarding the safety and well-being of children, a trial may be the only way to ensure a just outcome.
In these instances, having a legal team with extensive trial experience is vital. You need advocates who can properly prepare your strategy throughout the life of your case as well as present a compelling case to the judge while navigating the specific procedural rules of the Williamson County court system.
How Mediation and Collaborative Law Help
To avoid the stress of a trial, many couples utilize alternative dispute resolution methods. Mediation is a requirement in Tennessee for any divorce filing in Tennessee with minor children. A neutral third party, known as a mediator, helps the spouses negotiate their differences. Many of the attorneys at Rogers, Shea & Spanos are Rule 31 certified mediators, meaning they have specialized training in facilitating these difficult conversations as a third party, which helps them thoroughly prepare for their own client’s mediation.
Collaborative divorce is another option. This process involves both parties and their attorneys signing a contract to resolve all issues without litigation. It encourages open communication and a team-based approach to problem-solving, which can be particularly beneficial for parents who want to maintain a healthy co-parenting relationship after the divorce is final. However, if this collaborative process fails, each side is required to obtain new counsel as it proceeds towards litigation or settlement through mediation.
How Rogers, Shea & Spanos Can Help
Navigating the legal landscape in Franklin requires more than just general legal knowledge. It requires an understanding of local court preferences, Williamson County rules, and the nuances of Tennessee family law. Rogers, Shea & Spanos has served the Middle Tennessee community for over 30 years, handling thousands of cases ranging from simple uncontested dissolutions to complex, high-asset litigation and high-conflict matters with contested custody matters.
Our firm is uniquely positioned to help you in the following ways:
Strategic Guidance
We begin every case by listening to your goals. If your priority is a quick, amicable settlement, we focus our energy on skilled negotiation and mediation. If you are facing a spouse who refuses to cooperate, we prepare your case for trial from day one to ensure your rights are protected. It is always our hope that even these cases can be settled; however, if we cannot settle, your case will not be delayed by having to change tracks.
Expertise in Complex Assets
Franklin is home to many business owners, executives, and professionals. Dividing a business or evaluating complex financial assets and/or retirement accounts requires a high level of financial acumen. Our firm has the experience needed to ensure marital property is divided equitably, protecting your financial future. We focus on building the best team of attorneys and financial experts to ensure your interests are prioritized and best served.
Child-Centered Advocacy
Nothing is more important than your relationship with your children. We help you craft Permanent Parenting Plans that prioritize the best interests of your children while providing you with a workable Day-to-Day, Holiday, and scheduled school breaks. We strive to obtain the best Parenting Plan possible for your children, whether it be through settlement or by having to proceed to trial.
Local Knowledge
Our deep ties to the Franklin and Nashville legal communities mean we understand the local landscape. We know how to navigate the specific filing requirements and timelines of the Williamson County courts, ensuring your case moves forward as smoothly as possible.
Taking the Next Step
You do not have to face the uncertainty of divorce alone. Whether you hope to settle your case quietly out of court or need a formidable advocate to represent you at trial, the team at Rogers, Shea & Spanos is here to provide the sophisticated counsel you deserve. We pride ourselves on being responsive to our clients and providing practical solutions to even the most difficult problems.
If you are considering divorce in Franklin or have already been served with papers, contact us to schedule a consultation. We can help you understand your options and develop a strategy that protects your interests and helps you move forward with confidence. Contact us to learn more about our services and how we can assist you during this transition.