Even with both spouses are on the same page with regard to getting divorced, dividing their assets, and deciding how to split time with their children, it is still generally advisable for each spouse to independently seek legal representation. There are a number of reasons why:
First, you need to make sure that you have not overlooked any issues. For example, if you have mistakenly identified an asset as separate property (rather than marital property), the failure to distribute the asset during your divorce could create problems down the line. Likewise, when dividing certain types of assets (and debts), additional documentation may be necessary outside of the divorce process.
Second, you need to make sure that your agreement is legally enforceable. While divorcing spouses have significant leeway to craft property distributions, all custody-related decisions must adhere to Tennessee’s “best interests of the child” standard, and child support calculations must be consistent with the requirements of Tennessee law.
Third, and perhaps most importantly, getting divorced is a legal process that can have a profound impact on the rest of your life. You need to make informed decisions. And while maintaining amicability is certainly a relevant consideration, ultimately, you need to do what is best for you. By working with a legal practitioner who only has your best interests in mind, you can finalize your divorce feeling confident that you have adequately protected your interests and set yourself up for the future.