Fiercely Advocating For Clients to Ensure They Receive a Fair Settlement
At Garner Law Firm, PLLC, we understand that ending a marriage is one of the most emotionally taxing and life-changing experiences an individual can face. While some couples may find it straightforward to reach agreements on the various terms of their divorce, others may encounter significant challenges when navigating this complex process. For couples who can easily agree on critical issues such as property division, alimony, or child support, an uncontested divorce can offer a more streamlined, cost-effective, and less stressful resolution.
Unfortunately, reaching such agreements is not always possible. Disputes often arise when spouses cannot see eye-to-eye on essential matters. When disagreements over these vital issues prevent a couple from coming to an amicable resolution, they may need to pursue a contested divorce. In these cases, it often becomes necessary to involve the court to resolve disputes and ensure a fair outcome. Contested divorces can be more time-consuming and challenging, but they are sometimes the only way to achieve a resolution that protects each party’s rights and interests. At Garner Law Firm, PLLC, we are here to guide you through every step of this process with compassion and skilled representation.
If you are having trouble working out your divorce-related marital issues, contact Garner Law Firm, PLLC of Sumner County, TN, and ask to schedule a consultation so that we may discuss your case and explain your legal rights.
What is a Contested Divorce?
A contested divorce may be appropriate if the two spouses cannot agree to all the divorce terms. However, it is simply not enough for spouses not to agree to all of the divorce terms. Instead, to file for a contested divorce in Tennessee, individuals must have proof of grounds for divorce, some of which include:
- Abandonment for two or more years
- Adultery
- Attempted murder of a spouse
- Bigamy
- Conviction of an infamous crime.
- Felony conviction
- Inappropriate marital conduct
- Impotence
- Substance abuse
However, when a spouse files for a contested divorce based on fault grounds, the other spouse has the legal right to refute the accusations. As a result, individuals who are considering filing for a contested divorce should understand that the legal process will take significantly longer.
If you are still determining the type of divorce right for your circumstances, contact Garner Law Firm, PLLC of Sumner County, and ask to schedule a meeting with an experienced contested divorce attorney who can explain your legal options.
How Long Does a Contested Divorce Take to Complete?
The timeline for a contested divorce is typically much longer than for a less complex divorce process. While a more straightforward divorce might be finalized in as little as 60 to 90 days, a contested divorce often spans anywhere from six months to 18 months—or even longer in certain circumstances. The duration can depend on factors such as the court’s schedule and the complexities of the family law matters involved.
Key Factors That Affect the Duration of a Contested Divorce
Child Custody Disputes
One of the most time-consuming aspects of a contested divorce often involves resolving child custody arrangements. Determining what aligns with the children’s best interests may require the involvement of a child custody evaluator. These evaluators conduct in-depth investigations into each parent’s ability to provide a stable and supportive environment. This process can span several months, delaying the overall timeline of the divorce.
Division of Assets in High-Value Cases
In cases where marital assets are significant, disagreements over property division, spousal support, or the allocation of retirement accounts can further extend the divorce process. Forensic accountants and other financial professionals are sometimes needed to analyze and present evidence. Gathering and reviewing these financial details can take considerable time, especially if both spouses strongly contest the valuation or distribution of assets.
Court Delays and Trial Length
Another factor contributing to delays is the court system itself. Scheduling a multi-day trial often depends on the availability of judges and legal teams. Trials can last several days, weeks, or even longer depending on the complexity of the case. Judges must review extensive documentation, including financial reports, testimonies, and expert evaluations, before making a ruling that resolves the disputes between the spouses.
It’s essential to understand that a contested divorce requires careful preparation and patience. Whether navigating disputes over child custody, financial matters, or other family law matters, the process can be lengthy and emotionally taxing. Seeking legal guidance from a trusted attorney can help ensure that your interests are represented throughout this complex legal journey.
By staying informed and preparing for potential delays, you can navigate the divorce process more effectively, even when facing challenges that require resolution in court.
Are There Legal Alternatives to a Contested Divorce?
Some couples need to be made aware that even if they cannot agree on the terms of their divorce, there are legal alternatives to make the process less expensive and time-consuming.
Divorce Mediation
Divorce mediation is an out-of-court process where spouses work out their differences with a licensed, third-party mediator. The role of the mediator is to assist the couple in reaching a settlement they both feel is favorable to them without the need to go to trial.
In most cases, the court will order couples who disagree on the terms of their divorce to participate in mediation as the first method to resolve their issues. Mediation is considered a preferred method to help couples avoid going to court and is significantly more economical than divorce litigation.
Although individuals are not required to have legal representation, it is always in your best interest to do so to ensure your rights are protected during the mediation process.
Collaborative Divorce
Collaborative divorce is similar to mediation in that the negotiations occur outside of court. However, in a collaborative divorce, each party must have their lawyer present. In addition, each spouse must sign an agreement stating that they will abide by the terms decided on the collaborative divorce agreement.
As the name suggests, both parties “collaborate” with one another to work out the terms of their divorce without the expense of divorce litigation.
However, if either of these alternatives fails for any reason, the case will have to go to trial to be decided by a judge.
If you are trying to decide whether divorce mediation or collaborative divorce suits your situation, contact Garner Law Firm, PLLC, to discuss your options.
Why Should I Hire Your Contested Divorce Attorney to Help Me Resolve My Legal Issues?
Garner Law Firm, PLLC of Sumner County, has a proven record of obtaining favorable client divorce settlements.
When you come to us for legal help, we thoroughly review your case and determine what steps we must take to help you achieve maximum results. Our experienced legal team recognizes that it can be overwhelming to go through a contested divorce and either make or refute allegations in court.
For this reason, our staff handles the legal paperwork and works diligently to ensure you receive high-quality legal representation so that you can close this chapter of your life. We also strive to keep you informed quickly of any progress or changes that may occur in your case.
Contact the Garner Law Firm, PLLC, at our Hendersonville, TN, law offices by calling 615-502-4336 and ask to schedule a consultation to discuss your legal needs and how we can help you receive the fair settlement you deserve.