Common Disputes in Contested Divorce and How to Resolve Them

The Biggest Legal Disputes in Contested Divorce and How to Navigate Them

A contested divorce arises when spouses cannot agree on major legal and financial issues related to their separation. Disputes can prolong the divorce process, increase costs, and lead to heightened emotional stress. Knowing what to expect—and how to resolve these disputes—can help you prepare for a smoother divorce process.

1. Child Custody and Parenting Plans

One of the most contentious aspects of divorce is determining custody and visitation schedules for children. Tennessee courts prioritize the best interests of the child, considering factors such as:

• The child’s emotional and developmental needs
• Each parent’s ability to provide a stable home
• The child’s relationship with each parent
• Each parent’s history of caregiving and involvement
• The child’s preference (if they are of a sufficient age and maturity level)

Resolution Strategy:

• Work with an experienced child custody attorney to present a compelling case for custody.
• Utilize mediation to create a balanced parenting plan that minimizes court intervention.
• Keep communication open and maintain a cooperative attitude to avoid unnecessary court battles.
• Document your involvement in your child’s life, including school events, medical appointments, and extracurricular activities, to strengthen your case.

2. Division of Marital Assets and Debts

Tennessee follows equitable distribution laws, meaning property and assets must be divided fairly but not necessarily equally. Disagreements often arise over:

• Real estate properties and mortgages
• Retirement accounts and investments
• Business ownership and valuation
• Vehicles, jewelry, and collectibles
• Marital debts such as loans and credit card balances

Resolution Strategy:

• Work with a divorce attorney to ensure a fair division of assets.
• Conduct a proper valuation of assets before entering negotiations, especially for businesses and investments.
• Consider mediation or arbitration before escalating to trial, as court proceedings can be lengthy and expensive.
• Ensure transparency in financial disclosures to prevent accusations of hidden assets.

3. Alimony and Spousal Support

Spousal support, also known as alimony, is often a disputed issue in contested divorces. The court evaluates several factors when determining alimony, including:

• The length of the marriage
• The financial needs of the recipient spouse
• The income and earning potential of both spouses
• The contributions of each spouse to the household (such as homemaking or supporting the other’s education/career growth)

Resolution Strategy:

• Gather financial records, including income statements and expenses, to support your case for fair alimony.
• Work with an experienced divorce lawyer to negotiate favorable terms for either receiving or minimizing alimony payments.
• Request a modification of alimony if financial circumstances change post-divorce.
• Consider lump-sum payments instead of ongoing alimony to simplify future financial obligations.

4. Child Support Disputes

Child support is determined based on Tennessee’s child support guidelines, but disputes can arise when parents disagree on:

• The correct calculation of income for both parents
• Unreported income or underemployment of one parent
• Additional expenses such as healthcare, education, and extracurricular activities

Resolution Strategy:

• Work with a family law attorney to ensure fair child support calculations.
• Keep detailed records of all child-related expenses to support your claim for adjustments.
• Request a modification if there are significant changes in income or expenses post-divorce.
• If disputes persist, file a petition for a court review of child support orders.

5. High-Conflict Divorce Situations

In some cases, contested divorces become high-conflict, involving issues such as:

• Domestic violence allegations
• Hidden assets or financial fraud
• Extreme parental alienation
• Violation of court orders

Resolution Strategy:

• Hire a divorce attorney experienced in handling high-conflict cases.
• If domestic violence is a factor, seek a protective order to ensure your safety.
• Work with forensic accountants and financial experts to uncover hidden assets in high-net-worth divorces.
• Keep records of all communications with your ex-spouse to provide evidence if court intervention is needed.

6. Business Ownership and Divorce

If one or both spouses own a business, determining how to divide business assets can be a major source of conflict. Courts will consider factors such as:

• When the business was established (before or during the marriage)
• The contributions of each spouse to the business
• The business’s valuation and profitability
• Whether the business is a marital or separate asset

Resolution Strategy:

• Obtain a business valuation from a financial expert to determine the fair market value.
• Negotiate a buyout agreement where one spouse keeps the business while compensating the other.
• Consider co-ownership arrangements if both spouses are capable of continuing business operations.
• Ensure clear documentation regarding business ownership and financial contributions during the marriage.

Final Thoughts

A contested divorce can be emotionally draining and legally complex, but with the right legal support, you can navigate disputes efficiently. The Law Office of Michael Green provides expert legal counsel to help you resolve disputes and achieve a fair outcome.

Contact us today to schedule a consultation and take control of your divorce case.