A divorce in Tennessee is stressful whether it is a contested divorce or an uncontested divorce. A contested divorce is especially stressful due to the extended divorce process. You can expect to go through stages of denial, anger, guilt, depression and eventually acceptance. It is normal to experience these emotions, and they don’t necessarily occur in any particular order. You can, however, take some comfort in knowing that if you are depressed, for example, you will probably feel different soon.

Contested Divorce Process

• Filing for Divorce. A contested divorce begins with the filing of a Request for Divorce (aka complaint), which consists of simple statement of facts regarding your marriage.

• Filing an Answer. If you have been served with a request for divorce, you should contact a divorce lawyer immediately to prepare an Answer. The Answer is another simple statement of facts and should be filed within thirty (30) days after service of the Request for Divorce. If no Answer is received, a default judgment may be ordered by the Court.

• Parenting seminar. Whether a contested divorce or an uncontested divorce, if there are minor children born of the marriage, each parent must complete a minimum of four hours of classroom time. This requirement may be waived for good cause.

• Temporary Hearings. It is often necessary to temporarily resolve certain issues while the divorce is pending. Some of the typical issues where temporary hearings are needed include:

  • Temporary Custody of children and Parenting Plans

  • Temporary Child support

  • Temporary Alimony (aka Spousal Support)

  • Temporary use of Marital Property

  • Status Quo Order to prevent unreasonable increase in living expenses, transferring ownership of marital property, and cancellation of insurance or change of beneficiaries

• Discovery. As the name suggests, discovery is the investigation phase. You will be required to divulge the existence of assets and liabilities. Further investigation will most likely be necessary through:

  • Depositions. Sworn oral out of court testimony

  • Interrogatories. Formal written questions

  • Request for Admissions. Essentially yes/no questions

  • Request for Documents. Bank statements, medical records, financial records, income statements, etc.

  • Expert Witnesses. Child custody evaluators, business evaluators, real estate appraisers, etc.

• Settlement. If you can come to an agreement on all or some of the issues, you can enter into a Divorce Agreement (aka Marital Dissolution Agreement) to avoid the time and expense of disputing things.

• Mediation, Arbitration or Collaborative. It is often times necessary to resort to one of these three out of court methods to resolve disputed issues in your contested divorce process.

• Case Management Conference. If you are unable to settle the issues in your case, the Court will likely order a conference to decide upon motions and determine what issues must be contested at trial.

• Trial. In Jefferson County, your trial will be heard before a Judge. The spouse to file first gets to present their case first. This is your opportunity to testify, call witnesses, and submit documents or exhibits.  Witnesses may be cross-examined by opposing counsel. The trial will conclude with the Judge issuing Orders to resolve the remaining issues being disputed.

• Appeal. If you disagree with the Judge’s Orders you have a right to appeal your case.

• Enforcement. If a Judge’s Order is disobeyed you may file a motion to find the other party in contempt of Court.

• Modification. Circumstances change over time. It is often times necessary to file for modification to Court Orders, such as, child custody, child support, visitation or time-sharing of a child, and spousal support (aka maintenance or alimony).

​

For more information concerning the a contested divorce in Tennessee, contact us and schedule a consultation. We are here to help navigate you through the Tennessee divorce process.