What Happens in a Contested Divorce?

In a contested divorce, two parties typically enter into litigation, where a judge helps to decide any unresolved issues, such as child custody, support, and more

In a contested divorce, two parties are unable to reach an agreement concerning every aspect of the divorce - such as child custody/visitation, child support, asset and property division, and/or spousal support - and, as a result, they seek to go through the mediation process or litigation. While a contested divorce often involves a longer process (sometimes up to a year) and is more expensive, sometimes it ends in an agreement that more effectively protects your future interests.

Reasonable grounds for a contested divorce in Tennessee include the following:

• Abandonment/neglecting to provide for a spouse when one is able to do so
• Adultery
• Abuse of narcotic drugs
• Felony conviction
• Habitual drunkenness
• Impotence/sterility
• Inappropriate marital conduct
• Lack of reconciliation for two years after separation
• Living apart for two years with no minor children
• Malicious attempt upon the life of another
• Pregnancy of the wife by another man prior to marriage without the husband’s knowledge
• Refusal to move to Tennessee with your spouse and living apart for two years
• Substance abuse
• Willful or malicious desertion for one full year without a reasonable cause

However, contested divorces will often arise when one spouse is making unreasonable demands or has unreasonable expectations and is unwilling to negotiate, in marriages that involve a history of domestic violence, and/or when there is suspicion that one spouse may be hiding assets.

Steps

• Consult with an experienced divorce attorney
• Submit a Complaint for Absolute Divorce and a Summons (use a private process service or the Sheriff’s Office to serve the other party)
• The other party must respond within 30 days of being served. This includes whether they agree or deny elements of the complaint, and gives them the option of filing a Counter Complaint
• During the discovery process, each party has the ability to request information from the other that is relevant to such issues that come up in divorce, such as asset division and child support
• During pre-trial court hearings, spouses can request temporary alimony or child support
• Both parties also have the option of negotiating settlement proposals through their attorneys

Contact Us for Assistance With Your Divorce in Tennessee

The Law Office of David L. Scott is here to help: If you have reached the decision to end your marriage, let us provide you with trustworthy legal guidance to help you through the process. We are committed to providing you with the best representation possible, whether your divorce is contested or uncontested. Contact us today to schedule a confidential consultation and find out