How to Avoid Extra Time, Money & Pain During a Tennessee Divorce

Divorce is often one of the most stressful, exhausting, and emotional legal battles that an individual can go through. Therefore, many soon-to-be ex-spouses look for ways to avoid extra time, money, and pain during the divorce process.

While there is no way to avoid some of the psychological or financial frustrations of a divorce, a divorce attorney may be able to help you prepare for and handle any sudden challenges that arise and ensure that the process goes as smoothly as possible without any overwhelming financial costs.

What are the different types of divorces available in Tennessee?

In Tennessee, you can pursue either a contested or uncontested divorce. Choosing the right path can be challenging, and consulting with a divorce attorney can help you make an informed decision. It’s also possible for couples to switch from one type to the other as their circumstances and agreements evolve.

Keep in mind that it is not uncommon for couples to switch the type of divorce they want to pursue after discussing and learning more about each other’s wishes and demands. For example, you may prepare for the worst and expect to go through a contested divorce and later find out that you and your spouse agree on mostly everything, prompting you to switch to an uncontested divorce.

What is the difference between a contested and uncontested divorce?

Understanding the differences between contested and uncontested divorces can help you decide which route to take:

• Contested divorce: A contested divorce is when one or both spouses cannot agree on some, many, or all aspects of their separation and divorce. For example, one spouse may expect to receive a certain amount in child support or alimony payments, while the other spouse refuses to provide that amount. Another example is if both spouses want the vacation home that their family has been traveling to for 15 years, they will likely need to pursue a contested divorce. Conflicts, disagreements, and arguments are common in contested divorces and ultimately go before a judge to resolve them. Therefore, if you file for a contested divorce, you and your spouse will need to hire your own divorce attorneys who will build a strong and compelling case to present to the judge. While your attorney’s job is to convince the judge about your position and wishes, the judge will ultimately make their own decision about how your divorce-related disputes and disagreements should be settled.
• Uncontested divorce: An uncontested divorce is a simple type of divorce for couples who do not have any at all or very little disagreements regarding the terms of their separation or divorce. Instead, the couple may hire an attorney to help them with little misunderstandings about certain aspects of the divorce or to assist them with making the best decisions regarding their future. Couples pursuing an uncontested divorce mostly agree on all elements of the termination of the marriage. For example, if one spouse requests a certain number of days with the child and the other spouse agrees, they may be able to file for an uncontested divorce. Another example is if one spouse asks for the primary residence that the couple shared and the other spouse agrees, they may be able to pursue an uncontested divorce. Most of the time, uncontested divorces are recommended for couples who do not have any properties, assets, or minor children. However, if you are both in total agreement on things, this is the quickest and most affordable way to obtain a divorce.

What are the pros and cons of a contested and uncontested divorce in Franklin, TN?

There are pros and cons to both a contested and uncontested divorce in Franklin, TN. We will explain a few of the pros and cons of each below.

Contested divorce:

Pros

• You receive the opportunity to explain your wishes, present your arguments, and provide evidence. Therefore, if you do not want to budge on child support, alimony payments, child custody, or property division, a contested divorce gives you the chance to argue your stance.
• You may be able to achieve a better outcome for you. If you do not agree with what your spouse is requesting, you can choose a contested divorce, which means that the judge could make decisions that you agree more with.
• A contested divorce will ensure that everything is evaluated. This means that every little detail of your marriage, such as debts, finances, assets, child custody, and child support, will likely be brought forth and examined.

Cons

• Contested divorces can be very expensive and take a long time. This is because you will spend more time in court and accumulate higher legal fees.
• Those who choose a contested divorce are not guaranteed to obtain what they want. This means that if you and your spouse cannot come to an agreement, pursuing a contested divorce does not mean that you will ultimately get what you want.
• Couples who choose contested divorces typically have more arguments and disagreements as this process can cause more stress, tension, and resentment toward one another.

Uncotested divorce:

Pros

• An uncontested divorce can save you lots of time and money. The reason for this is because these types of divorces do not involve a lot of negotiations or court appearances.
• Couples who choose uncontested divorces are usually less stressed or frustrated. This is because they are more open to agreeing or have already agreed to almost everything.
• Those who pursue an uncontested divorce obtain a resolution easier. This is possible because they are able to negotiate a lot quicker and have more control over their agreements regarding the children, assets, and properties.

Cons

• There is a possibility that one spouse may end up feeling like they were treated unfairly or taken advantage of during the divorce process. This may happen if the spouses agree with everything instead of ensuring that all details look fair and balanced.
• An uncontested divorce leaves the door open for the spouses to change their mind before the finalization. If this happens, it could cost them more in legal fees and take more time.
• Many people do not realize how important it is to retain a lawyer for uncontested divorces. Therefore, they often end up going through the process alone and leave room for mistakes or errors.

Four tips to help you avoid extra time, money, and pain during a divorce

Even though all divorces involve time, money, and emotional pain, there are a few tips you can remember to help you get through this process without using too much extra time, spending too much of your savings, or damaging your mental and emotional health. Here are four tips to remember:

1. Consider mediation: Mediation is a lot more affordable than divorce. It can also help you resolve any disputes and obtain fair and agreeable settlements as quickly as possible.
2. Be willing to listen and compromise: When going through a divorce, do not only think of ways to hurt or get back at your spouse. Instead, be willing to listen, put yourself in their shoes, and compromise about certain aspects.
3. Hire a lawyer: Hire a lawyer who knows what you deserve in a divorce. They will look at all factors involved in your marriage and help you make informed decisions. While it does cost to hire an attorney, they can help you avoid making any mistakes and errors that could cost you even more in the long run.
4. Focus on the future: Instead of being stuck in your feelings about the divorce, try to think positively and focus on the future. Start meeting new people, planning what you will do after the divorce is finalized, and even work on developing new hobbies. Remember that a divorce does not have to mean that you and your spouse are enemies; you can remain friends on different paths in life.

Are you and your spouse contemplating divorce? If so, the Law Offices of Adrian H. Altshuler & Associates can help. Our Franklin divorce and family law attorney is experienced, compassionate, and understanding, and he will do everything he can to protect your rights, interests, properties, and assets throughout this process. Please call our office or submit our contact form to schedule a case evaluation to receive personalized legal advice in Franklin, Columbia, or Brentwood today. We will remain by your side throughout every part of the divorce proceedings, ensuring that it is as simple and stress-free as possible for you.