Q: Currently filing an uncontested divorce. Do I have to have an attorney if I have a retirement/pension plan?
My husband and I are filing an uncontested divorce. I'm filling out the paperwork now and on form 5, it says if either spouse has a retirement or pension plan to get a lawyer. I cannot afford lawyer fees and really need to do this without one if possible. Are there other forms I need to fill out instead, since I do have a retirement/pension plan? Thank you.
A: The forms give you that warning ( to get a lawyer) because the division of retirement/pension benefits can be very complicated. Even though it may be in your name through your employer, Tennessee divorce law say that benefits accumulated during the marriage are " marital property" ( or in other words, not solely yours, but "ours"- belonging to you AND your spouse). For many people , their retirement benefits represents a large amount of money, so the courts/judges are very careful in divorce case to make sure these benefits are addressed and dealt with properly. HOWEVER, they do not have to be divided; you might be giving your spouse a vehicle, or a bank account or a combination of other assets so that he/she is willing to let you retain all of those benefits, or maybe you are assuming/paying off some of their debt(s). There is no set rule for such benefits-however, the court is required to make a "equitable" ( meaning fair, but not necessarily equal) division of all marital property. For many Judges, this is usually "50/50." If you can convince your judge the overall division of everything is fair, the pension/retirement benefits can remain intact.
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