How do I handle the division of marital assets in a collaborative divorce?
The division of marital assets is a necessary part of the collaborative divorce process in Tennessee. Depending on the specific circumstances of the divorce, there are several different options for how to handle the division of assets. The first option is to come to an agreement on the division of assets through negotiation. This is generally the preferred option because the couple can decide among themselves what each party should receive. This agreement can be written down and submitted to the court to confirm the decision. The second option is to use a mediator. A mediator is a neutral third party who will help the couple negotiate the division of assets and come to an agreement. The mediator can provide advice and information to help the couple understand their rights, duties, and responsibilities under the law. The agreement reached by the mediator should also be written down and submitted to the court. The third option is to have the court make the decision on how to divide the assets. If the couple can’t reach an agreement on their own or with the help of a mediator, then the court will step in and make a decision on their behalf. This is generally less preferred because the court may not understand the couple’s individual circumstances and make a decision based solely on the law. Whichever option is chosen, it is important to be aware of the tax implications of any decisions made. It is also important to keep in mind that any agreement should be in writing so that it is legally binding and enforceable.
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