Mediation & Agreed Divorce

Attorneys Caitlin Elledge and Lisa Collins Werner discuss what an agreed divorce is from the legal persepctive.

Understanding Agreed Divorce: What It Means Legally vs. Conversationally

As Knoxville divorce attorneys Caitlin Elledge and Lisa Collins Werner explain in the video, the term "agreed divorce" often means different things depending on whether it's used conversationally or from a legal perspective.

Many people seeking an "agreed divorce" hope to avoid courtroom battles. They want to maintain an amicable process, prioritize their children’s well-being, and minimize financial costs.

From a legal standpoint, however, an "agreed divorce" requires that you and your spouse have already reached a full agreement on all key issues—such as the division of financial assets and the creation of a parenting plan, if applicable—before consulting an attorney.

If we’ve already agreed on everything, do we need an attorney?

Yes. For couples who have successfully reached agreements on all aspects of their divorce, an attorney is essential for drafting the legal documents and filing the necessary paperwork with the court to finalize the process. Unless clients choose to represent themselves—which we do not recommend—at least one attorney is required to handle the legal components, including preparing paperwork and obtaining court approval. Divorce is a legally binding process, and all agreements must be reviewed and signed by a judge to be finalized.

The attorneys in our Divorce Well Knoxville Group are happy to assist with the legal aspect of your agreed divorce. Many will complete this paperwork for a flat fee. Be sure to ask about this option in your inquiry when you contact us.

Attorneys Caitlin Elledge and Lisa Collins Werner discuss the role of an attorney in an agreed divorce.

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Finding Common Ground: Mediation as a Path to Agreed Divorce

While many couples desire an agreed divorce in principle, they often find they need help communicating effectively to make decisions about their divorce. While they may agree that the divorce is happening—even if one spouse is less willing—communication challenges frequently arise when discussing details. Additionally, most couples are unaware of all the decisions that need to be made during the divorce process.

Mediation offers a practical solution to help couples achieve their goal of an agreed divorce with professional support. In mediation, both spouses work with a neutral third-party mediator—a trained professional skilled in conflict resolution—who facilitates discussions and guides the couple toward mutually acceptable agreements.

This process can address all aspects of a divorce, including:

Division of assets and debts
Child custody arrangements and parenting plans
Spousal support

Unlike a judge or arbitrator, the mediator does not make decisions for the couple. Instead, they foster open communication, ensure both parties feel heard, and encourage creative solutions tailored to the couple’s unique situation.

Mediation Options

Mediators can be attorneys or non-attorneys. All divorce professionals in our group, including attorneys and divorce coaches, are trained in mediation and can serve as mediators. Couples can choose to attend mediation on their own without legal representation or have their own attorney present during mediation sessions. Having legal representation is a personal choice and you can learn more about this option when you contact us and schedule a consultation.

Completing the Agreed Divorce Process

Once agreements are reached through mediation, they can be submitted to an attorney to draft the necessary legal documents and handle court filings for an agreed divorce as described above. This ensures the agreements will be approved by the court. Mediation is an excellent option for those who want support, but minimal attorney involvement.

Is Mediation Right for You?

Mediation can be a great option if you have a relatively straightforward financial situation and are able to communicate effectively about co-parenting. However, if your financial portfolio is more complex or there are significant disagreements about the parenting schedule, additional attorney involvement may be necessary.

When you schedule a consultation with one of our professionals, we’ll discuss all of your divorce options and help you determine the best approach for your unique situation and goals.