Divorce, whether contested or uncontested, can be both a difficult and traumatic experience for many people. It can be a long process and the divorcing couple may experience a difficult time they feel nobody else can understand. In particular, a contested divorce can be long, painful and messy.
The best way to protect your rights, future, and finances is to retain a trusted Franklin contested divorce lawyer at Durak Law. Call us today at (615) 812-2829 to request an initial consultation with one of our experienced divorce lawyers.
What is a Contested Divorce in Tennessee?
A contested divorce in Tennessee takes place only if both parties are unable to make a collaborative agreement on key issues. If both parties fail to agree on property division as well as the grounds for divorce, they will have to be engaged in a contested divorce.
In a contested divorce, the divorcing spouses fail to agree on one or more divorce-related terms, including child support, alimony, child custody, etc. If they don’t agree on all significant child-related issues, they will have to take this route to terminate the marriage.
What is the Difference Between Contested and Uncontested Divorces?
Marriages can be dissolved either through a contested or uncontested divorce, but there are key differences between them:
Contested Divorce
- It occurs if spouses disagree on one or more significant aspects of the divorce, including alimony, child custody, and property division.
- It usually requires the intervention of courts to settle disputes, which results in longer and more expensive proceedings.
- It’s usually more common in cases involving disagreements over child custody, complex financial assets, or business ownership.
Uncontested Divorce
- It happens when both spouses agree on all the significant aspects of the divorce, including child custody, alimony, and property division.
- It is typically less stressful, less costly, and faster since it does not require involvement of courts to settle disputes.
It is generally advisable for divorcing couples to reach a settlement agreement to avoid a contested divorce due to the reasons explained above. Fortunately, that’s exactly what Durak Law in Franklin, TN does. Call us today at (615) 812-2829 so that our Franklin contested divorce lawyers can help you navigate your divorce.
Contested Divorce Process in Tennessee
Contested divorces in Tennessee usually involve the following steps:
- Filing the Complaint: The process starts once one spouse files a complaint with the court. The complaint includes the grounds for divorce along with the terms the filing spouse seeks.
- Serving the Complaint: The filing spouse is required to serve the other spouse with a copy of the complaint. The served spouse is then required to respond within 30 days.
- Discovery: Both spouses are required to disclose all their debts and assets to each other. They also have the right to request additional information from each other.
- Temporary Orders: The court may issue temporary orders if the couple cannot agree on key issues such as alimony, child support, or child custody.
- Negotiations: The couple will then attempt to negotiate a settlement with the assistance of their lawyers. If they agree on all the terms of the divorce, the case will proceed as an uncontested divorce.
- Mediation: If the divorcing couple is unable to agree on all the terms, they may be required to go to mediation, which involves a neutral third party attempting to help them reach an agreement.
- Pretrial Conference: If the divorcing couple is still unable to agree on all terms, the court may schedule a pretrial conference aimed at identifying the issues in dispute and determine whether they can be resolved.
- Contested Hearing: If the couple is still unable to agree on all terms, the case will then proceed to a contested hearing where each spouse will present evidence and arguments supporting their position. The judge then makes a decision on the disputed issues.
- Finalizing the Divorce: Once the judge makes a decision, the court then issues a final divorce decree. The divorce is only finalized after the judge signs the decree.
Do I Need a Franklin Contested Divorce Lawyer?
Yes.
A contested divorce isn’t what anyone wants, but it is sometimes inevitable for the dissolution of marriages. However, unlike uncontested divorce, it is absolutely critical to have proper legal representation. Here are some of the ways a contested divorce lawyer in Tennessee can help:
Navigating the Complexities of Tennessee Divorce Law
The Franklin contested divorce lawyers from Durak Law will help you navigate the complexities of Tennessee divorce law. They will explain the divorce process and what is to be expected at each stage. They will also help you make informed decisions about your case.
Protecting Your Financial Interests and Parental Rights
A contested divorce can be both legally challenging and emotionally draining. Fortunately, the knowledgeable and experienced Franklin contested divorce lawyers at Durk Law will fight hard to ensure that your parental rights and financial interests are always protected.
Representing You in Court to Achieve a Favorable Outcome
If your case goes to court, the lawyers at Durak Law will aggressively advocate for your rights. The Franklin contested divorce lawyer will present arguments and evidence that support your position. They will also cross-examine witnesses.
Contact Our Experienced Franklin Contested Divorce Lawyers Today!
Contested divorces are usually emotionally taxing and complex. Seeking legal counsel from the experienced Franklin contested divorce lawyers at Durak Law is crucial to navigating the legal requirements and building the strongest case possible.
Call us today at (615) 812-2829 to schedule a consultation with one of our Franklin contested divorce lawyers!
