Jackson Contested Divorce Attorneys

Guiding Clients With The Contested Divorce Process in Madison, Gibson, & Carroll Counties

When a couple decides to end their marriage, they must go through the divorce process to legally separate. In Tennessee, there are two types of divorce: contested and uncontested. In an uncontested divorce, the couple agrees on all the terms of the divorce, including child custody, property division, and spousal support. In a contested divorce, the couple cannot agree on one or more of these terms, and the court must intervene to make a decision.

At Casey, Simmons & Bryant, PLLC, we understand that contested divorces can be stressful and emotionally draining. Our Jackson contested divorce lawyers are here to help you navigate the process and protect your rights. We will work tirelessly to achieve the best possible outcome for your case.

Call (731) 256-0023 or contact us online to schedule a consultation with our team today.

Grounds for Divorce in Tennessee

In Tennessee, you must have grounds for divorce. Grounds are the legal reasons for ending a marriage. In an uncontested divorce, the couple can agree on the grounds for divorce. In a contested divorce, the couple cannot agree on the grounds, and the court must decide. Tennessee recognizes both fault and no-fault grounds for divorce.

The grounds for divorce in Tennessee include:

• Impotence
• Bigamy
• Adultery
• Desertion for one year
• Conviction of a felony
• Attempted murder of the other spouse
• Refusal to move to Tennessee with a spouse and willful absence
• Refusal to provide for a spouse while having the ability to do so
• Irreconcilable differences

Contested Divorce Process in Tennessee

Contested divorces in Tennessee typically involve the following steps:

• Filing the Complaint: The divorce process begins when one spouse files a complaint with the court. The complaint must include the grounds for divorce and the terms the filing spouse is seeking.
• Serving the Complaint: The filing spouse must serve the other spouse with a copy of the complaint. The other spouse then has 30 days to respond.
• Discovery: Both spouses must disclose all their assets and debts to each other. They may also request additional information from each other.
• Temporary Orders: If the couple cannot agree on temporary child custody, child support, or spousal support, the court may issue temporary orders.
• Negotiations: The couple and their attorneys will attempt to negotiate a settlement agreement. If they can agree on all the terms of the divorce, the case will proceed as an uncontested divorce.
• Mediation: If the couple cannot agree on all the terms, they may be required to attend mediation. A neutral third party will help them negotiate a settlement.
• Pretrial Conference: If the couple still cannot agree on all the terms, the court may schedule a pretrial conference. The purpose of the conference is to identify the issues that are in dispute and determine if they can be resolved.
• Contested Hearing: If the couple cannot agree on all the terms, the case will proceed to a contested hearing. Each spouse will present evidence and arguments to support their position. The judge will then make a decision on the disputed issues.
• Finalizing the Divorce: Once the judge has made a decision, the court will issue a final divorce decree. The divorce is not final until the decree is signed by the judge.

Because contested divorces often involve complex legal and financial issues, it is crucial to work with experienced Jackson contested divorce attorneys who can help ensure that your interests are protected throughout the process.

Key Issues in a Contested Divorce

A contested divorce often involves several key issues that require careful consideration and legal intervention to ensure a fair resolution.

Property Division

Tennessee follows equitable distribution principles for dividing marital property. This means assets acquired during the marriage, such as the family home, retirement accounts, and investments, are divided fairly, though not necessarily equally.

Separate property, such as assets owned before marriage or received as gifts or inheritance, is not divided.

Factors like the length of the marriage, contributions of both spouses, health, and economic circumstances are considered when determining the property division. A Jackson contested divorce attorney can help ensure that assets and debts are properly valued and divided.

Child Custody and Parenting Time

Child custody is often one of the most emotionally charged issues in a contested divorce. Tennessee law prioritizes the best interests of the child when making custody decisions, considering factors like emotional ties to each parent, the ability to provide a stable environment, the child’s preferences, and the parents’ health and ability to cooperate.

Tennessee typically favors joint custody arrangements, though one parent may be awarded primary physical custody. We can work to ensure a custody arrangement that serves the child’s best interests.

Spousal Support (Alimony)

Alimony is financial support one spouse may be required to pay to the other post-divorce. In a contested divorce, the court considers factors such as the length of the marriage, the financial contributions of each spouse, the recipient spouse’s needs, and the payer’s ability to support the other.

Alimony may be awarded temporarily, rehabilitatively, or permanently, depending on the case. Our contested divorce lawyer in Jackson will help navigate the alimony process and ensure a fair resolution.

Child Support

Child support in Tennessee is determined using a statutory formula that takes both parents’ incomes, the time spent with the child, and other factors into account. Child support is typically paid by the non-custodial parent to the custodial parent, and the amount can be adjusted if there’s a change in circumstances.

How Long Does a Contested Divorce Take in Tennessee?

The length of a contested divorce in Tennessee depends on the complexity of the case and the court's schedule. Some contested divorces can be resolved in a few months, while others can take a year or longer. The more issues the couple can agree on, the faster the case will proceed.

Benefits of Hiring a Contested Divorce Lawyer

Contested divorces can be complex and emotionally challenging. Hiring an experienced contested divorce attorney can provide you with the following benefits:

• Legal Guidance: Our attorneys in Jackson can help you understand your rights and obligations under Tennessee law. We will explain the divorce process and what to expect at each stage. We will also help you make informed decisions about your case.
• Objective Advice: Our attorneys can provide you with objective advice about your case. We will help you evaluate your options and determine the best course of action. We will also help you set realistic expectations for the outcome of your case.
• Effective Negotiation: Our attorneys are skilled negotiators. We will work diligently to negotiate a settlement agreement that meets your needs. If the other spouse is not willing to negotiate in good faith, we will not hesitate to take your case to court.
• Aggressive Advocacy: If your case goes to court, our attorneys will aggressively advocate for your rights. We will present evidence and arguments to support your position. We will also cross-examine the other spouse and their witnesses.
• Reduce Stress: Going through a contested divorce can be stressful and emotionally draining. Our attorneys will handle all the legal aspects of your case so you can focus on your emotional well-being.

Protect Your Rights and Interests in a Contested Divorce

Going through a contested divorce can be emotionally and legally challenging. It's important to have a knowledgeable and experienced attorney on your side to protect your rights and interests throughout the process. Our team at Casey, Simmons & Bryant, PLLC is dedicated to providing personalized and strategic legal representation for clients in Jackson, TN, and surrounding areas.

When you work with us, you can expect:

• Thorough assessment of your case
• Strategic legal guidance
• Negotiation and advocacy in court
• Protection of your assets and parental rights
• Compassionate support during a difficult time

• Don't navigate a contested divorce alone. Contact us today to schedule a consultation and learn how we can help you protect your future.

At Casey, Simmons & Bryant, PLLC, our Jackson contested divorce attorneys are committed to helping you achieve the best possible outcome for your case. Call us today at (731) 256-0023 or contact us online to schedule a consultation with our team.