What Is the Difference Between Contested & Uncontested Divorce in TN?

When dissolving your marriage, one of the first decisions you'll make is whether to file for an uncontested or contested divorce. Understanding the difference - and choosing the right method of divorce for your case - can help ensure you obtain the best possible results in your divorce.

Our attorneys are here to walk you through the divorce process. To schedule a consultation with our team, contact us online or via phone at (423) 299-4489.

Uncontested Vs. Contested Divorce in TN

If you and your spouse agree on terms for your divorce and divorce-related processes - such as property division, custody, child and spousal support, etc. - you can file for an uncontested divorce.

If you disagree on any aspect of your divorce, you, instead, must file for a contested divorce.

A contested divorce can transition into an uncontested divorce over the course of the divorce process. If you use a method of alternative dispute resolution (ADR) such as mediation or collaborative law to negotiate an agreement with your spouse, and both parties draft and sign that agreement, you can switch from a contested to an uncontested divorce.

Benefits of an Uncontested Divorce in TN

Pursuing an uncontested divorce has a wide range of benefits:

  • Uncontested divorces usually cost significantly less than contested divorces;
  • They're typically less stressful, since the parties agree on how to proceed with the divorce process and don't need to fight over aspects such as how to distribute property;
  • They usually take less time to resolve, since the parties don't have to engage in litigation using the court.

For these reasons, many courts and attorneys encourage parties to try and seek an uncontested divorce when possible.

The Benefits of a Contested Divorce in TN

However, contested divorces do have their own benefits:

  • Both parties receive substantial protection from the court, since a judge presides over the process;
  • Neither party has to fear being strong-armed or manipulated by the other during out-of-court negotiations;
  • The parties can leverage objective evidence and specialists such as third-party witnesses to help the judge make an informed decision.

Ultimately, whether an uncontested or contested divorce is right for you depends largely on your case's circumstances. At Conner & Roberts, PLLC, we'll help you understand the divorce process and find the best path forward for your case and unique needs.

To schedule a consultation with our team, contact us online or via phone at (423) 299-4489.

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