What to Expect in a Contested vs. Uncontested Divorce in Tennessee

Russell Freeman | Sep 01 2025 18:00

Introduction

 

No one walks down the aisle expecting to end up in divorce court. But for many families in Tennessee, divorce becomes a reality—and with it comes a flood of questions about what the process will look like. One of the most important first steps is understanding whether your divorce will be contested or uncontested.

That distinction shapes how long the case will take, how much it might cost, and how stressful the process will be for everyone involved. At Freeman & Bracey, PLC, we’ve helped individuals and families throughout Middle Tennessee, including Davidson, Sumner & Robertson counties, handle both contested and uncontested divorces. Our role is to guide you through the process with clarity, protect your interests, and give you the tools you need to move forward.

 

 

What Do Contested & Uncontested Divorces Mean?

 

 

Uncontested Divorce

 

An uncontested divorce happens when both spouses agree on all the key issues:

 

  • How to divide property and debts
  • Whether one spouse will receive alimony
  • Parenting time and custody schedules
  • Child support obligations

Because there are no disputes for the court to settle, uncontested divorces are usually simpler, quicker, and less expensive. This route works best when both spouses are willing to cooperate and keep communication open.

 

 

Contested Divorce

 

A contested divorce occurs when the spouses cannot agree on one or more issues. This disagreement may involve money, children, or even whether the divorce should happen at all. In these cases, the process often involves:

 

  • Court filings and responses
  • Discovery (exchanging financial and personal records)
  • Negotiation or mediation attempts
  • Possible hearings or trial before a judge

Contested divorces take more time, cost more money, and often involve more emotional strain.

 

 

Why This Distinction Matters to You

 

 

Whether your divorce is contested or uncontested matters because it impacts nearly every part of the process:

 

  • Financially: Legal fees can rise quickly in contested divorces, especially if experts such as appraisers, accountants, or custody evaluators are needed.
  • Legally: The court has more involvement in contested cases, meaning a judge may ultimately make life-changing decisions for your family.
  • Personally: Uncontested divorces tend to reduce conflict, which is better for children and less stressful for everyone involved.

Choosing the right path depends on your circumstances, your spouse’s willingness to cooperate, and the complexity of your shared life.

 

 

Key Steps in Each Type of Divorce

 

 

Uncontested Divorce in Tennessee

 

  1. Filing the Complaint – One spouse files paperwork with the court to start the divorce.
  2. Agreement on Terms – Both spouses agree on all issues and sign a marital dissolution agreement.
  3. Submission to the Court – The agreement is filed with the court.
  4. Waiting Period – In Tennessee, there is a mandatory waiting period of 60 days (without children) or 90 days (with children).
  5. Final Approval – A judge reviews the agreement and signs the divorce decree.

This process often takes just a few months.

 

 

Contested Divorce in Tennessee

 

  1. Filing the Complaint – One spouse starts the case by filing a complaint for divorce.

  2. Service of Process – The other spouse is officially notified.

  3. Response – The served spouse files an answer, agreeing or disputing the claims.

  4. Discovery – Both sides exchange documents like financial records, property appraisals, and other evidence.

  5. Negotiation & Mediation – Courts often require attempts at mediation before trial.

  6. Trial – If no agreement is reached, the case goes before a judge.

  7. Judgment – The judge decides on property division, custody, support, and any other disputed issues.

This process can take many months, sometimes more than a year.

 

 

Common Examples

 

 

  • Uncontested Divorce Example: A couple married for five years with no children and minimal shared property agrees on who keeps the car and how to divide a joint savings account. They submit their agreement, wait 60 days, and finalize the divorce smoothly.
  • Contested Divorce Example: A couple with two children disagrees about custody schedules and child support. Despite mediation, the conflict continues, and a judge must decide custody and financial support in a trial.

These examples show how dramatically the experience can differ depending on the level of cooperation between spouses.

 

 

Issues Clients Often Face

 

 

Even in the best circumstances, divorce is complicated. Some challenges clients often face include:

 

  • Unrealistic expectations – One spouse may expect more than the law allows.
  • Hidden assets or income – Disputes arise if one spouse believes the other is concealing money or property.
  • Child-focused disputes – Parents may struggle to agree on what’s best for their children.
  • Delays – Missing paperwork, uncooperative behavior, or overloaded courts can slow things down.
  • Emotional conflict – Strong emotions can make logical negotiation difficult, even when both sides want to resolve things.

These obstacles can make even a straightforward case feel overwhelming without legal guidance.

 

 

How Freeman & Bracey Helps Clients

 

 

Our attorneys provide steady, experienced support to help you:

 

  • Understand your options – We explain what contested and uncontested divorces mean for you personally.
  • Protect your rights – From financial interests to parenting time, we ensure your side is heard and defended.
  • Draft sound agreements – We prepare legally binding agreements that reduce the risk of future disputes.
  • Negotiate & mediate – We work to resolve disagreements before trial, when possible.
  • Represent you in court – If your case requires litigation, we bring decades of trial experience to the courtroom.

Divorce is about more than paperwork—it’s about your future. Having skilled legal counsel helps you avoid mistakes and move forward with confidence.

 

 

Ready to Move Forward? We’re Here to Help

 

Divorce is one of life’s most difficult transitions, but you don’t have to face it alone. Whether your case is contested or uncontested, our team will guide you through the process, protect your interests, and help you make informed decisions about what comes next.

 

Contact us today to schedule a consultation. We serve clients throughout Middle Tennessee, including Davidson, Sumner & Robertson counties.