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Contested vs. Uncontested Divorces in TN


Franklin divorce lawyer fights for you to get an expeditious resolution

Your reason for wanting a divorce could be simple, such as, you don’t want to be married anymore. If you and your spouse agree to divorce, come to agreement between yourselves about division of assets and child custody, among other matters, discuss it with your lawyer so your lawyer can draw up the paperwork, and then sign and file the paperwork, this is the easiest way to divorce and it’s known as an uncontested divorce. In such a divorce, the issues are usually verbally agreed upon before the lawyer is retained. But it is possible to start your divorce not knowing if you there will be an agreement soon. If your reasons for divorce are more complicated, or if one of you is not willing to discuss or agree to terms with the other spouse, or is opposed to the divorce, then you are dealing with a contested divorce. Even if the case starts out as contested, when the parties reach an agreement in mediation, the case can be presented to the court at a final hearing as an uncontested case. So, do not be preoccupied over whether your divorce as labeled as contested or uncontested.

How long will my contested or uncontested divorce take to be final?

Every divorce is different, and every divorce will take the time it needs to resolve itself. A divorce where the parties start out having an agreement can be wrapped up in three or four months. When the complaint for divorce is filed with the court, it starts a mandatory 60-day “cooling off” period for couples who do not have children, and a mandatory 90-day waiting period for couples with minor children. If the parties have signed agreements during that waiting period, then the divorce can be wrapped up in a few weeks after that waiting period ends. But in other cases where the parties have to go to mediation, the timing depends on how quickly the paperwork can be processed, how quickly the written discovery can be done, and how quickly you can prepare to go to mediation. Then, if you do not settle in mediation, the timing can depend on how backed up the court is. A contested divorce that has to go to trial can take years to resolve since it involves plenty of negotiation, possible litigation, evidence collection, trial prep, and more.

How much will my divorce cost?

Just like with timing, there is no one-size-fits-all answer to the cost of a divorce. Uncontested divorces that require little to no intervention and that move through the court system the fastest will cost the least amount of money. Contested divorces that require mediation, litigation, and many hours of research and case preparation will cost thousands of dollars. Divorces are typically billed by the hour by the attorney, and attorneys charge hundreds of dollars per hour.

Work with an experienced Franklin divorce attorney to get the resolution you deserve

I’m Judy A. Oxford, an experienced Franklin divorce lawyer, and I have represented clients in both contested and uncontested divorces for many years. I can help you put together the paperwork that will ensure that you are protecting your rights in an uncontested divorce, and I can give you counsel to ensure that you have thought over all the implications of your divorce. In a contested divorce, I can help you build a strong case to get the best divorce settlement you can, or present the best case in court that you can, including the child custody arrangements and financial arrangements you want consistent with the law.

Whether a divorce is contested or uncontested, I work with my clients to try to resolve their cases in the shortest amount of time under the circumstances, so that you can begin the journey of moving on and of healing. I also try to help clients save money in the process, by counseling about issues or procedures that are not worth fighting over. When I need to go to court to reach my client’s goals, I work to try to build the strongest case so that a judgment can be rendered quickly, reducing the overall time frame.

Whether your divorce is contested or uncontested, you need an experienced Franklin divorce lawyer to help you. Call me, Judy A. Oxford, today at (615) 791-8511 or use the secure online form to schedule a free consultation.

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Contact my office directly to schedule an initial consultation at 615-791-8511 in the Franklin area. I also respond to e-mails that briefly describe your situation and concerns.

We will begin by answering TWO questions: What is the ideal goal given your situation? What is the best path to trying to achieve it?