In Tennessee, a divorce can be contested or uncontested. If you and your spouse are able to reach an agreement together, then the divorce is uncontested. However, if your spouse opposes the divorce, the case is then contested. If a settlement is not reached through negotiation, the divorce will go to trial.
A contested divorce is, of course, more complicated and expensive to navigate than an uncontested divorce. Still, sometimes it is unavoidable. In today’s blog post, we are looking at three ways a divorce might become contested.
1. Wanting to stay married
Sometimes one spouse wants to remain married while the other is ready for a divorce. This might be because one person thinks that the romantic relationship is still viable, or because they want to stay together for the children, or for any number of other reasons.
Since every state in the US recognizes no-fault divorce, you cannot force someone to stay married to you if they do not want to anymore. If one spouse wants a divorce, it’s extremely unlikely that the other will be able to prevent it from happening, but they can slow down the process by contesting it.
2. Disagreement over finances
Many divorces are contested because the spouses cannot agree about the financial side of their split. As a part of a divorce, the couple’s property is split into marital property and separate property. The property is then valued and equitably divided. Many couples disagree about which assets and/or liabilities fall into which of these categories. Lawyers will work to help you determine how to classify and divide your properties equitably.
3. Disagreement over child custody
Contested divorces can also occur when the couple cannot reach an agreement about child custody, visitation rights, and/or child support. They may disagree over what each thinks is the best way to serve the best interests of the child. Whatever the reason(s) a divorce is contested, disputes make a divorce more stressful and time-consuming.
It is important to have an experienced divorce lawyer navigate you through either a contested or uncontested divorce. You may not be able to control how your spouse reacts to divorce, but you can control your level of knowledge and understanding about the process and your options. Contact McCracken Kuhn Marks PLLC today at (615) 669-6859 to learn more about how we can help.
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