The thought of divorce can stir up fear, confusion, and a thousand questions. If you are facing the end of a marriage in Franklin, Tennessee, you are probably wondering what comes next and how to make it through with as little pain as possible.
The decision between uncontested divorce and contested divorce is one of the choices you will have. It can shape how quickly you move on, how much you will play, and how stressed you will feel. So, which is right for you? There is no one-size-fits-all answer. The key is to understand what each option means for your time, money, and peace of mind.
If you are in Franklin, and you are facing the tough reality of divorce or a family-related legal battle, Durak Law has your back. We do not just handle cases. We will guide you through every step with compassion and a relentless commitment to what is best for you and your loved ones.
Are you ready to take that next step? Call us at (615) 812-2829. It is a call that could change everything.
What is an Uncontested Divorce?
An uncontested divorce is where both spouses agree on all the divorce terms, including property division, child custody, and child support. There is no fighting over who gets what and there is no courtroom drama.
An uncontested divorce works because it is simple. There are fewer roadblocks. There is less paperwork. And there is less stress. If you and your spouse can agree on the major issues, you have already won half the battle. It takes less time and costs less money because there is no back-and-forth with family lawyers or court battles.
So, when is it a good option? It is perfect if you and your spouse are on the same page. If you have already decided how to split your belongings and work out custody arrangements, you should choose uncontested divorce.
What is a Contested Divorce?
A contested divorce happens when both partners cannot agree on one or more significant issues and the court has to step in to make the final decision.
A contested divorce is a legal process that is more structured but also more stressful. You will have to go through formal legal proceedings. You will file paperwork, exchange evidence, and even testify in a trial. The process can be emotionally and financially draining. Lawyers, court fees, and waiting for decisions can all add up.
So, when is it a good option? A contested divorce takes time. Sometimes, it is unavoidable. Maybe your spouse is hiding assets, or there has been abuse or neglect. Maybe you tried mediation, but the other partner just will not play fair. In those cases, a contested divorce is the only way to protect yourself and your rights.
Pros and Cons of Uncontested Divorce
Uncontested divorces sound simple, right? However, they come with their own set of pros and cons. Let us break down why it may (or may not) be the right fit.
Pros of Uncontested Divorce:
- Lower Cost – Uncontested divorce is peaceful and relatively easy. Since you are not battling it out in court, it costs less. Legal fees are lower because your family lawyer’s role is more of a guide.
- Quicker Resolution – The process moves fast. Why? It is because there is no need for constant meetings and court dates. Therefore, less time is spent in limbo and more time focusing on what is next.
- Privacy – Court battles are public records. However, an uncontested divorce keeps your disagreements out of the spotlight. So, details about finances, disagreements, or sensitive issues do not become part of a public record.
Cons of Uncontested Divorce:
- Both Partners Need to Compromise – If one spouse is not willing to cooperate, talk, and compromise, the process stops. So, if your partner refuses to agree or negotiate in good faith, you will not be able to have an uncontested divorce.
- Complicated Situations – An uncontested divorce might not be the choice for complicated situations. If, for example, you have a shared business, multiple properties, or hidden debts, things might get tricky.
Pros and Cons of Contested Divorce
Unfortunately, some marriages end with deep pain, unresolved issues, or fundamental disagreements. If you and your spouse cannot see eye to eye, a contested divorce may be the best choice for you.
Pros of a Contested Divorce:
- A Fair Resolution – A contested divorce gives you a platform for fair resolution when compromise is not an option. Judges sort out property, custody, and finances to ensure one party does not get a raw deal.
- Compliance with Legal Standards – For many parents, the stakes are highest when it comes to child custody and support. Therefore, the court takes a detailed look at what is best for the children. Kids will not be left vulnerable.
Cons of a Contested Divorce:
- Higher Costs – The biggest con is cost. Attorney fees, court fees, and even the time required to resolve disputes can add up. In addition, it is not uncommon for contested divorces to drag on for months or even years.
- Increased Emotional Toll – Courtrooms bring stress and a heavy emotional price tag. You may have to dig up old fights and relive past hurts. So, the process can leave you emotionally drained and exhausted.
Factors to Consider When Choosing
It is not easy to choose between uncontested divorce and contested divorce. You will need to weigh key factors that might tip the scales one way or another. So, here are the factors to consider when choosing:
Complexity of Assets
Do you own a business? Do you share significant investments? Or do you have complex debts? If your answer is yes, an uncontested divorce might not cut it. Why? You will need in-depth negotiations to divide everything fairly. If the stakes are high, expert advice and careful planning are crucial. That is why you need to choose a contested divorce.
Level of Agreement
Can you and your spouse talk things through calmly? Do you both want your divorce to be as smooth as possible? If yes, you can choose an uncontested divorce. However, if you and your spouse cannot agree on who gets what, or if the trust has crumbled beyond repair, a contested divorce may be unavoidable.
Emotional Dynamics
A divorce is not just about money or custody. You may feel sad, angry, or even betrayed. Emotions are messy and hard to control. So, if your relationship is full of unresolved tension or past abuse, you should not expect a smooth uncontested divorce. You have to consider your emotional well-being before deciding how to proceed.
Children Involved
Children change everything. Custody arrangements and child support are some of the hardest issues to resolve. If you and your spouse cannot agree, the court may need to step in to protect your children’s best interests. If the child’s best interests are at risk, having the court step in may be necessary.
How a Family Law Attorney Can Help
A knowledgeable family law attorney will help you figure out what makes sense for your situation and explain every step of the process. Your lawyer will ensure your rights are protected, whether you are dividing assets, negotiating custody, or even setting up alimony. Also, a good lawyer can help you explore alternatives, such as mediation or collaborative divorce.
Need a Family Law Attorney in Franklin, TN? Contact Durak Law Today
Choosing between an uncontested or contested divorce is not easy. An uncontested divorce can offer peace, speed, and privacy if you and your spouse are willing to compromise. However, if emotions are raw or children are involved, a contested divorce might be the best path to take.
Whatever path you choose, we do not recommend going it alone. Consulting with a knowledgeable family law attorney can offer clarity and protect your rights. Your lawyer will help you see the bigger picture. Remember, a good lawyer provides expert advice and guides you toward the resolution that best fits your needs.
If you are facing a divorce in Franklin, Durak Law is here to help. We offer more than legal expertise. We offer guidance, support, and unwavering dedication to protecting what matters most. We focus on finding efficient, practical solutions tailored to your unique needs.
Give us a call at (615) 812-2829 and see what having real allies by your side can do for you and your family.
