Filing a Contested Divorce in Tennessee

Filing for a contested divorce in Tennessee is basically the last step for parties that are not able to come to a full agreement on the marital issues.  In that case one of the parties to the marriage will have to file a petition for divorce in the appropriate county of their residence.  Jurisdiction requires that at least one of the parties being a resident of the state for at least six months. 

Filing and Service

The petitioner is the spouse that files the petition for divorce and the respondent is the spouse that will respond.   After the petition is filed the respondent will have to be served.  They can acknowledge service, be served by a Sherriff’s deputy, or by a special process server- for more complicated actions.  The fee for utilizing a Sherriff’s deputy is around $50.  Special process servers usually cost a bit more.  The fee for filing a contested divorce in Tennessee can range from $200-$300 .  Once served the respondent will normally have 30 days to file an answer to the petition

Grounds for Filing for Contested Divorce in Tennessee

There are a number of reasons that an individual filing for divorce in Tennessee can allege as why the divorce is being asked for.  They include but are not limited to the following:

  • Adultery
  • Bigamy
  • Desertion
  • Felony Conviction of other spouse
  • Habitual drug or alcohol addition

Process After Filing for a Contested Divorce in Tennessee

Upon the filing of all documents the next stage is discovery and mediation.  Usually the court will allow at least six months for parties to discover any information related to their claims.  This will include taking the deposition of the opposing side.  Usually the parties will have mediation scheduled towards the end of discovery.  This allows parties to have certain knowledge when trying to reach a final agreement.  If agreement is reached in mediation then the matter will be deemed over, however if there are still issues like child support, alimony, insurance, marital property, etc to be decided the parties will have to go trial.  Upon conclusion of the trial, a judge will enter a final judgment and order of marital dissolution

Seeking Legal Help

Contested divorces are long and lengthy processes. Without the advice of a licensed attorney with marital law experience that road could be even longer. Only lawyers can provide you with the guidance and continued assistance that you will need until your divorce is resolved.

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