Divorce Law
What you need to know about divorce law
Divorce law -- also known as “dissolution of marriage” -- is a legal judgment that ends or dissolves a marriage. Divorce is an emotionally charged area of the law and because of that emotion, it is imperative to understand what is entailed in the divorce process. Divorce is the legal ending or dissolution of a marriage. Once divorced, both spouses may legally marry again and are no longer legally bound to one another except as otherwise set forth in the divorce paperwork as approved and ordered by a court of law.
Contested Or Uncontested Divorce
Divorces can be contested or uncontested. The parties determined which type of divorce they desire. Some divorces can begin uncontested and become contested, and some divorces can be contested but become uncontested. A contested divorce is one that proceeds to a trial where the judge will decide the outcome of the proceedings. An uncontested divorce is one where the parties reach an agreement of the terms of their divorce in lieu of a trial.
Divorce In Tennessee
In Tennessee: For an uncontested divorce, if there are children, the parties agree on the terms of all child related issues which are then put into a Permanent Parenting Plan. That Permanent Parenting Plan becomes an order of the Court for the parties to follow unless they otherwise agree in writing or unless it is thereafter modified by the court. All financial issues of the divorce, i.e. division of property, division of debt, issues of alimony or support, among other issues which are not child related, are included in a Marital Dissolution Agreement. That Marital Dissolution Agreement is then incorporated into a Final Decree of Divorce which is entered with the Court.
Divorce In Mississippi
In Mississippi: All terms of the uncontested divorce, including financial and child-related issues, are included in a Property Settlement Agreement. Said Property Settlement Agreement is then incorporated into a Final Decree of Divorce which is entered with the Court.
If contested, the parties will prepare with their respective lawyers and upon completion of certain procedures such as a financial disclosure known as a Rule 8.05 Affidavit, and discovery (explained below), schedule a trial date. At the trial, the parties will put on their proof through their own testimony, testimony of witnesses, introduction of documents and evidence, and at the end, the judge will make the decision as to all issues of the divorce.
Legal Areas Associated With Divorce
Divorce cases can encompass divorce of the parties, child custody and child support issues, spousal support, division of property, among other issues that may arise in domestic relationships. In Tennessee, mediation is a required part of the process in divorces. In Mississippi, mediation is currently optional.