What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on key issues such as child custody, asset division, or alimony. Unlike an uncontested divorce, where both parties reach an agreement, a contested divorce often requires court intervention to resolve disputes. These cases tend to be more complex and may take longer to finalize.
At Haines Family Law, we work tirelessly to ensure that your interests are represented and that you receive a fair outcome during contested divorce proceedings.
Grounds for a Contested Divorce in Tennessee
Tennessee allows both no-fault and fault-based divorces, and the grounds for divorce can influence the outcome of your case. In a contested divorce, either spouse may file based on fault, impacting decisions on spousal support and property division.
Grounds for a fault-based divorce in Tennessee include:
- Adultery
- Abandonment
- Cruel or inhuman treatment
- Habitual substance abuse
- Bigamy
- Felony conviction
Proving fault can make your divorce case more contentious, which is why having a skilled Knoxville divorce attorney by your side is critical.
Key Issues in a Contested Divorce
A contested divorce may require judicial intervention when spouses cannot agree on essential matters. The most common points of contention include:
Child Custody and Visitation
Disputes often arise over who will have primary custody or how much time each parent will spend with the children. Tennessee courts prioritize the best interests of the child when making these decisions.
Division of Assets and Debts
Dividing marital property can be complex, especially in high-asset divorces. Tennessee follows equitable distribution laws, meaning that assets and debts are divided fairly, though not equally.
Alimony or Spousal Support
Determining whether spousal support is necessary—and if so, how much and for how long—can be a major sticking point in contested divorces.
The Contested Divorce Process in Tennessee
Filing for a contested divorce in Tennessee follows several key steps:
Filing the Divorce Petition
One spouse must file a divorce petition with the court, outlining the grounds for divorce and what relief they seek, such as child custody or asset division.
Serving the Divorce Papers
The petition must be served to the other spouse, who has a set amount of time to respond.
Discovery and Evidence Gathering
Both parties will exchange relevant information and documents to the case, including financial records, child custody plans, and evidence to support fault claims, if applicable.
Negotiations and Mediation
Even in contested divorces, couples are often encouraged to attempt mediation to resolve disputes without going to trial. Mediation allows both parties to work with a neutral mediator to find common ground.
Trial
If negotiations and mediation fail, the case will proceed to trial. A judge will hear arguments from both sides and decide on contested issues.
The Role of Mediation in a Contested Divorce
While contested divorces often involve significant disagreements, mediation can help couples avoid a lengthy trial. During mediation, both parties work with a neutral third-party mediator to resolve disputes and agree on issues such as child custody, support, and property division.
Mediation is often required in Tennessee before a contested divorce goes to trial. If mediation is successful, the mediator will draft a settlement agreement for both parties to sign.
Finalizing Your Divorce
The divorce can be finalized once all contested issues are resolved through mediation or a court decision. The judge will issue a final divorce decree that outlines the terms of your divorce, including custody arrangements, asset division, and any spousal support.
If you have reached a settlement with your spouse, the judge will review the agreement to ensure it is fair and equitable. In most cases, the judge will approve the settlement without issue.
What to Expect During the Family Law Process
You can expect an initial consultation to discuss your case during the family law process, followed by filing the necessary paperwork. The next phase often involves negotiations or mediation, particularly in divorce, custody, or support cases. If an agreement is reached, a settlement is finalized, but if not, the case may proceed to court for hearings and potentially a trial.
Throughout the process, there may be emotional and legal hurdles, such as disagreements over custody or court delays. It is crucial to have a lawyer to guide you through each step and prepare you for any hearings or decisions.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation with a local Knoxville family lawyer.
FAQs About Contested Divorce in Tennessee
How long does a contested divorce take?
A contested divorce can take several months to over a year, depending on the case’s complexity and whether mediation is successful. If the case goes to trial, the process may take even longer.
Do I need a lawyer for a contested divorce?
While you can technically represent yourself in a contested divorce, having an experienced attorney is highly recommended. A lawyer will help protect your rights and ensure all legal procedures are followed properly.
What if we reach an agreement before the trial?
If you and your spouse can come to an agreement on contested issues before trial, you can submit a settlement agreement to the court. This can save time and money by avoiding the need for a full trial.
Let Haines Family Law Help You Through Your Contested Divorce
The experienced attorneys at Haines Family Law understand the complexities of contested divorces and will work diligently to protect your interests. Whether through negotiation, mediation, or litigation, our Knoxville divorce lawyers are ready to help you confidently navigate the process.
Call Haines Family Law at 865-391-8174 or use our online form to schedule a consultation today.
