What To Expect During A Divorce

Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be complicated, knowing the basic information can help put a client at ease.

Divorce can be a difficult situation for every party involved. It is the legal undoing of two people’s assets, liabilities, and everything in between. Knowing what to expect and being prepared for the inevitable changes are essential during a divorce.

Contested or Uncontested

The first decision to be made is whether the divorce will be contested or uncontested. If you can agree, the divorce is uncontested, and the process is more straightforward. If you cannot agree, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.

In an uncontested divorce, the parties or their attorneys complete the necessary paperwork and file it with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.

In a contested divorce, one party will begin the process by filing a complaint. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement can be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be lengthy.

Waiting period in Tennessee

In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means the divorce cannot be finalized until the time period runs.

If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at  (615) 784-4800 or request a consultation to discuss your specific case.