Family Law & Criminal Defense Attorneys

Contested vs. Uncontested Divorce in Tennessee

Chances are that if you are seeking a divorce, the last thing you want is to drag out the process any longer than you have to and you definitely do not want to have to pay more than is necessary. At the same time, you want to make sure that your property is divided fairly, that you walk away with what you deserve, and that if kids are involved, that the custody arrangement is a fair one.

This is where things can become tricky unless you have very clear, open, and honest conversations with your soon-to-be-ex about how you want to handle your divorce. In divorce, there are two major ways you can go about this legal process by seeking out a contested or uncontested divorce. Contested divorce occurs when both parties cannot come to mutual agreements on all issues, whereas uncontested divorce means that the spouses involved have been able to come to amicable agreements.

Will One Take Longer Than the Other?

  • Contested divorce: Typically this type of divorce takes much longer, as you and your spouse have to go back and forth on issues in court. If you cannot agree on things like custody, property division, and spousal support on your own, it will have to be decided by a judge.
  • Uncontested divorce: This will usually require less of your time, however, it also means that you must come to a mutual agreement and stick to that before going to court. This type of divorce works well for more amicable situations where the couple is typically able to calmly settle the issues at hand.

Which Will Cost More Money?

  • Contested divorce: In all reality, fighting to get what you want may not only take longer, but it could also end up costing you more money. The more drawn out your court battles are, the more you end up having to pay various legal fees and more.
  • Uncontested divorce: If you are able to agree on everything without having a long, drawn-out battle, the process can go quite smoothly actually and you may have your divorce settled in a matter of months. The less time you have to spend in court, the less money it will usually cost you.

When it comes to your unique situation, it is important to consider what is most to you in your divorce. While it sounds ideal to have a shorter legal process, it may not be possible if your spouse is being difficult or you have a complicated custody situation. Meet with a Tennessee divorce attorney at our firm today for a free consultation regarding your unique case.


Call (731) 256-0023 today to discuss the best option for you moving forward.


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