When couples make the difficult decision to end their marriage in Tennessee, they are faced with two options: contested and uncontested divorce. It is important to understand the distinctions between these two types of divorces, as they can have a significant impact on the entire process.
Uncontested Divorce: A Peaceful Resolution
An uncontested divorce occurs when both spouses are in complete agreement regarding all aspects of dissolving their marriage. This includes reaching mutual agreements on matters such as property distribution, child custody, and support. Opting for an uncontested divorce generally leads to a less stressful and less costly process. Additionally, it involves fewer court appearances and can be resolved much more swiftly.
Requirements for an Uncontested Divorce in Tennessee
To qualify for an uncontested divorce in Tennessee, specific requirements must be met. Firstly, the couple must have lived apart for a minimum of 60 days. Additionally, there should be no children under the age of 18 involved in the divorce. Finally, both spouses must be in total agreement on all matters pertaining to the divorce.
Contested Divorce: A Battle for Resolution
On the other hand, a contested divorce arises when both spouses cannot come to an agreement on critical issues concerning the termination of their marriage. Contentious aspects may involve disagreements over property division, child custody, and support. A contested divorce typically carries greater stress, higher expenses, and more court appearances. Resolving the conflicts often takes a longer time.
Filing for a Contested Divorce in Tennessee
To instigate a contested divorce in Tennessee, the spouse initiating the divorce must file a complaint with the court. The other spouse then has the opportunity to respond, indicating areas of disagreement. In an attempt to seek resolution before going to trial, the court may order mediation. However, if a trial becomes necessary, the final decision on all matters related to the divorce will be made by a judge.
Which Type of Divorce is Right for You?
Deciding whether to pursue an uncontested or contested divorce is a deeply personal choice. Generally, uncontested divorces are suited for couples who are able to reach agreements on all aspects of the divorce. This option provides a less expensive and less stressful path towards resolution. In contrast, contested divorces are necessary when spouses are unable to find common ground on crucial divorce matters. Although it is a more demanding and time-consuming route, it can be essential for resolving conflicts. Consulting an experienced family law attorney is crucial to determine which type of divorce best suits your individual needs.
Conclusion: Empowering Your Divorce Journey
Putting an end to a marriage is a significant life decision. Recognizing the distinctions between contested and uncontested divorces in Tennessee can greatly influence the overall divorce process. A comprehensive understanding of these options will make the divorce journey smoother, less stressful, and more cost-effective. For tailored guidance and assistance, reaching out to an experienced family law attorney is the crucial first step towards ensuring the best course of action for your unique circumstances.