Differences Between An Uncontested And Contested Divorce

In Tennessee an uncontested divorce — also referred to as “agreed” or “no fault” — is a divorce where both spouses are in complete agreement regarding every single issue. This means that the parties fully agree on what to do about dividing their assets and debts, possible spousal support, handling child custody and visitation issues and making child support payments pursuant to the Tennessee Child Support Guidelines.Contested Uncontested Divorces

As opposed to a contested divorce where evidence of fault must be established, an uncontested or agreed divorce does not require the establishment of legal fault grounds. Simply put, you and your spouse state that you can not resolve your marital differences but you agree to be divorced and to a settlement of all of the issues involved in dissolving the bonds of matrimony.

Because uncontested divorces only exist in cases of total agreement, most of the cases in family court are contested divorces, those in which there are issues that remain in controversy. To put it a different way, even a seemingly minor issue can prevent a divorce from being uncontested, as every single issue must be ironed out and agreed upon before an agreement is complete and able to be approved by the court.

While it is easy to get caught up in the desire to have an uncontested divorce, the most important thing is to make sure that your divorce is handled properly. There is absolutely nothing wrong with spending the necessary time to make sure that all issues are addressed and that your interests are protected. You only get one opportunity to do it right, and you need to fully understand all of the aspects of an important divorce agreement and to be sure you are comfortable with it before it is approved.

Just because you have a contested divorce does not mean you’re destined for a long and expensive trial. Many contested divorces in Tennessee are settled outside of court and a solution is eventually hammered out. By hiring an experienced Tennessee family law attorney, you can ensure that your concerns are addressed and that the process still moves forward with speed and efficiency. Contact our attorney Donna Wagner today to schedule your consultation. Ms. Wagner is experienced in handling all kinds of divorces, and will work with you to meet your needs.

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