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March 18th / Divorce jasco no comments   0

What is The Difference Between Contested and Uncontested Divorce?

There are two main categories Tennessee divorces fall into. These categories are contested and uncontested divorces. The main difference between the two is that parties can obtain an uncontested divorce if they agree on all major issues that need to be resolved. If there are disagreements, or if children are involved, typically the parties will then need to file a petition for a contested divorce.

What are the Requirements for an Uncontested Divorce in Tennessee?

In the state of Tennessee, you must meet certain requirements in order to file an uncontested divorce. One of these requirements is that you or your spouse have lived in the state of Tennessee for the last six months or more. You and your spouse must agree on all major issues in your divorce, such as a plan for the care and support of any minor children, whether alimony is to be paid and how much should be paid, as well as an agreement on the division of the marital assets.

Filing for a Contested Divorce

If you do not meet the above requirements for filing an uncontested divorce, you can choose to file a contested divorce. Contested divorce can be complex and often involves substantial litigation. It is particularly important to have an attorney with experience handling contested divorce litigation.

Contested divorces can take a long time to resolve, with litigation often going on for a year or more. During the litigation process for a contested divorce, you and your spouse may be required to attend mediation. Mediation can be quite helpful in cases, as the neutral mediator may be able to help the parties come to a satisfactory agreement regarding all the issues, including child custody. If the case ends up proceeding to a hearing, the matter will be heard and decided by a judge, not a jury.

If you are considering filing for divorce and are unsure of how to proceed, contact the experienced divorce attorneys at Dotson & Taylor, Attorneys at Law. Our Murfreesboro divorce attorneys have experience handling all types of divorce and family legal matters. Schedule a confidential consultation today by contacting us online or calling 615-890-1982.