Divorce is never easy, but understanding your options can help make the process smoother. In Tennessee, the two primary types of divorce are contested and uncontested. While uncontested divorce is often quicker and less expensive, contested divorce may be necessary when you and your spouse can’t agree on key issues. This article will walk you through the key differences between the two, so you can make the best choice for your situation
What is an Uncontested Divorce?
An uncontested divorce is when both parties agree on all the key issues, such as asset division, child custody, and alimony. In Tennessee, this type of divorce can be quicker and more affordable because there’s no need for a trial. Here’s how it works:
- Agreement on Issues: Both spouses agree on how to divide their assets and debts, how to handle child custody, and whether spousal support (alimony) is necessary.
- Filing the Paperwork: Once an agreement is reached, the couple will work with their attorney to file the necessary paperwork with the court.
- Waiting Period: After filing, Tennessee law requires a 60-day waiting period if there are no children involved and a 90-day waiting period if children are part of the divorce.
- Finalization: After the waiting period, the court will finalize the divorce, often without the need for a trial.
While an uncontested divorce is typically less expensive and emotionally taxing, it’s important to make sure that your agreement is truly fair and in your best interest. Consulting with an attorney before signing anything can help you avoid future issues.
What is a Contested Divorce?
A contested divorce happens when the parties can’t agree on one or more key issues. This can include disagreements over:
- Child Custody: Who will have primary custody of the children and what visitation will look like.
- Asset and Debt Division: Disagreements over the fair division of property, savings, and liabilities.
- Alimony: Disputes over the amount or duration of spousal support.
In contested divorces, the process is much more complex, as both parties are unable to reach a resolution on their own. The case goes before a judge, and often involves the following steps:
- Filing the Divorce: The process starts by filing a petition for divorce. The other spouse must be served with the paperwork.
- Motion Hearings: Often, a motion hearing occurs where either party requests temporary orders from the court, such as temporary custody or child support.
- Discovery: During this phase, each party may request financial information and other documents to understand the full picture of the marriage’s assets and debts.
- Trial: If an agreement still can’t be reached, the case will go to trial. The judge will review the evidence and testimony, make rulings on disputed issues, and issue a final divorce decree.
Contested divorces often take longer and cost more because of the court hearings, motions, and trial. However, if you and your spouse have significant disagreements or one party is not willing to compromise, litigation may be necessary.
When to Consider Mediation in a Contested Divorce
In some contested cases, mediation can help resolve disputes without going to trial. Mediation involves a neutral third-party mediator who works with both spouses to negotiate a settlement. While mediation doesn’t guarantee a solution, it often leads to a faster and less expensive resolution than going through the full litigation process.
Mediation is particularly helpful when both parties are open to compromise but still need help working out the details of their divorce agreement. If mediation fails, however, the case will move forward to litigation.
Cost Differences: Uncontested vs. Contested Divorce
The cost of divorce varies greatly depending on whether the case is contested or uncontested. Here’s a breakdown of the potential costs:
- Uncontested Divorce: Typically less expensive. You’ll only need to pay for your attorney’s time to draft the necessary documents, file them with the court, and finalize the divorce. The total cost usually includes court filing fees and a mediator’s fee, but it can be completed in a relatively short amount of time.
- Contested Divorce: Can become very costly. Since contested divorce involves more time in court, numerous hearings, and discovery (gathering financial records, etc.), the legal fees can add up quickly. Additionally, if the case goes to trial, attorney’s fees and court costs increase, making it a much more expensive process.
If the divorce is contested, each side will likely pay for their own attorney, and the process can last months or even years. It’s important to understand that contested divorces typically require a larger financial and emotional investment compared to uncontested ones.
Emotional and Personal Costs: Mediation vs. Litigation
While the financial aspect is an important factor, the emotional toll of divorce is another consideration. Contested divorces can be emotionally draining, especially if there are children involved. Litigation can escalate conflict between the parties, which might negatively affect co-parenting and long-term relationships.
Mediation, on the other hand, allows both parties to work out their differences in a less adversarial environment. It’s often less emotionally taxing because the focus is on collaboration, not combat.
In uncontested divorces, the emotional cost is typically lower because both parties have already agreed on the terms and are ready to move on.
When to Choose a Contested Divorce Over an Uncontested Divorce
While uncontested divorce is ideal, there are situations when a contested divorce is necessary:
- Inability to Agree on Key Issues: If you and your spouse can’t come to terms on matters like child custody, asset division, or spousal support, litigation may be the only option.
- Power Imbalance: If there is a significant power imbalance or one party is being unreasonable, litigation can level the playing field.
- Legal Protection: If you suspect that your spouse is hiding assets or acting dishonestly, a contested divorce allows you to gather the necessary information through discovery.
If you’re unsure whether you need a contested or uncontested divorce, speaking with an attorney can help clarify the best path for your specific situation.
Request a Consultation with Mandy Hancock Law
If you’re navigating the complexities of divorce, whether contested or uncontested, Mandy Hancock Law is here to guide you. Our team is dedicated to helping clients understand their options and secure a fair, equitable resolution.
Call 865-417-9071 or visit mandyhancocklaw.com to schedule a consultation today.
