Legal Question in Family Law in Tennessee
Friendly divorce
My husband and I have been married for 15 years and have two kids, ages 9 & 11. We have agreed that a divorce is best for us and we are better as friends instead of spouses. We have agreed on all the division of property and he has agreed to me having sole custody of the children with him paying support. He has cardiac medical problems that will shorten his life drastically, therefore, we agree to raise the kids together but I will retain sole custody and he will pay child support while he is physically able. Is it possible to do this divorce easily with everything uncontested and arrangements already worked out? Is it possible to do a divorce with obtaining a lawyer?
1 Answer from Attorneys
Re: Friendly divorce
Certainly you can get a divorce without an attorney. You can also perform open-heart surgery without an attorney. Neither, however, is a very good idea.
One reason it is not a good idea is that a non-lawyer starts off not knowing so many things that it is really not wise to try this simply by finding a form and trying to fill things in. For example, you refer to "sole custody," but Tennessee no longer refers to the division of parental rights and responsibilities as "custody," neither sole nor joint.
Contact an attorney to save yourself a great deal of time and anguish, and likely also to save yourself money.
I also strongly urge you to reconsider your plans to divorce until your children are grown. If you and the father still are in fact "friends" it would seem you should be able to put up with each other until the kids are grown. Divorce will send the children messages, teach them lessons, and create problems for them which I suspect you have not considered. Among those will be that people, and our relationships with them, are disposable when no longer convenient.