Contested vs. Uncontested Divorce in Tennessee

Balancing cost and delay against fair results

Other than choosing your divorce lawyer, deciding when to fight and when to negotiate may be the most fundamental strategic choices you make during divorce. That is why it is important to fully understand the implications of each course of action and to structure your divorce pleadings in a way that preserves both options. As Nashville family law attorneys with more than 50 years of combined experience, we at Miller Upshaw Family Law, PLLC have seen enough divorce cases to offer our clients insight about the results each course of action is likely to bring. Most everyone wants quickly to resolve their divorce and move on with his or her lives, but you can’t always count on the other side to feel the same way.  At Miller Upshaw Family Law, PLLC, we offer the combination of negotiation experience and litigation acumen you need for whatever direction your case may take.

What does contested divorce mean?

A contested divorce is one in which the parties cannot agree on one or more of the following issues that must be resolved before a court can enter a divorce decree:

A contested divorce is a divorce in which the parties are unable to reach an agreement on all issues. In some cases, the grounds for the divorce may affect how contentious the opposing parties may become. If the outstanding issues remain unresolved after negotiation and mediation, the contested divorce is resolved by the court.

Disadvantages of contested divorces

Taking a divorce to court means higher court costs, higher expenses and usually higher attorney fees. It also means that the process takes significantly longer, as the parties must wait for an opening in the court calendar. Whereas an uncontested divorce can be accomplished in as little as two or three months, a contested divorce can take many months until all necessary steps have been taken  to prepare your case for court.

Will you have to go to court?

While most people don’t relish the thought of going to divorce court, being unprepared or unwilling to go to trial puts you at a serious disadvantage in negotiations. In particularly emotional or bitter divorces, the parties may simply not be able to reach an agreement about alimony, or what constitutes “equitable” property division: in these cases, a judge must decide what is equitable. Whatever the case may be, we at Miller Upshaw Family Law, PLLC have the experience to present your case to the court in a way that will achieve the best result for you.

Call us to learn about your options during divorce

Our philosophy at Miller Upshaw Family Law, PLLC that you should always to be prepared to settle your case if a good result can be obtained for you that way.  However, we have built our reputation in Nashville representing clients in contested divorce cases in which the parties weren’t able to settle their case for whatever reason. In historic Edgefield, our Downtown Nashville office is within sight of the courthouse with easy access to free parking. Call us today at 615-391-4200 or contact us online to schedule an in-person or video consultation with an experienced attorney.