What to Expect in a Contested Divorce in Tennessee

Facing a High-Conflict Divorce? Here’s What You Need to Know

Divorce is rarely easy, but when spouses cannot agree on key issues, the process becomes even more challenging. A contested divorce in Tennessee can be lengthy, complex, and emotionally taxing. Understanding what to expect can help you prepare and navigate this difficult journey.

What is a Contested Divorce?

A contested divorce occurs when spouses cannot reach an agreement on one or more major issues, including:

• Child custody and visitation schedules
• Division of marital assets and debts
• Spousal support (alimony)
• Child support obligations

Unlike an agreed divorce where both parties settle all terms before filing, a contested divorce requires legal intervention to resolve disputes. Because these cases often proceed to court, having an experienced contested divorce attorney is crucial.

Grounds for Divorce in Tennessee

Tennessee law allows both fault-based and no-fault divorces. No-fault divorces cite irreconcilable differences, meaning both parties agree that the marriage is beyond repair. In contrast, fault-based divorces may involve allegations such as:

• Adultery
• Abandonment or desertion
• Substance abuse issues
• Domestic violence or cruel treatment

If a party alleges fault, it can impact the division of assets and even child custody determinations. Consulting a family law attorney is the best way to understand how fault may affect your case.

Stages of a Contested Divorce

1. Filing the Divorce PetitionOne spouse (the plaintiff) files a Complaint for Divorce in the appropriate Tennessee court. This document outlines the reasons for the divorce and what the filing spouse is requesting in terms of property, custody, and support.
2. Response and CounterclaimsThe other spouse (the defendant) has 30 days to respond. They can either agree, contest the claims, or file a counterclaim outlining their own requests.
3. Discovery ProcessThe discovery phase allows both parties to exchange information about income, assets, debts, and parenting capabilities. This step may include:
   • Interrogatories (written questions that must be answered under oath)
   • Depositions (testimony given under oath)
   • Requests for financial records
4. Mediation and NegotiationTennessee courts require spouses to attempt mediation before proceeding to trial. Mediation involves a neutral third party who helps spouses reach agreements outside of court. Successful mediation can save time and money, but if disputes remain, the case moves forward.
5. Court Hearings and TrialIf mediation fails, the case proceeds to court, where a judge decides on all unresolved issues. This process can be stressful, costly, and time-consuming. The more complex the disagreements, the longer the trial can last.
6. Final Divorce DecreeOnce the judge issues a ruling, a Final Decree of Divorce is signed. This legally ends the marriage and outlines property division, custody arrangements, and financial obligations moving forward.

How the Law Office of Michael Green Can Help

Handling a contested divorce on your own is overwhelming. The Law Office of Michael Green provides legal expertise and strong representation to protect your rights throughout the process.

• We develop tailored legal strategies to align with your unique circumstances.
• We aggressively negotiate to reach favorable settlements.
• We advocate in court to ensure fair treatment and outcomes.

If you’re facing a contested divorce, contact Michael Green, family law attorney for a consultation today.