When spouses cannot agree on the major terms of a divorce, the case is contested. Custody, property, alimony, support — any one of these unresolved can require formal discovery, mediation, and a trial. Brooks Law Firm represents Memphis and Shelby County clients through every stage of contested divorce in Tennessee.
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What Gets Litigated
- Grounds — Tennessee recognizes 15 grounds under T.C.A. § 36-4-101, including irreconcilable differences and fault-based grounds like adultery, inappropriate marital conduct, abandonment, and habitual drunkenness.
- Child custody & parenting plan — residential schedule and decision-making, judged under the best-interest factors in T.C.A. § 36-6-106.
- Child support — calculated under the Tennessee Child Support Guidelines.
- Alimony — rehabilitative, transitional, in futuro, or in solido, under T.C.A. § 36-5-121.
- Division of marital property and debt — Tennessee is an equitable distribution state (fair, not necessarily equal) under T.C.A. § 36-4-121.
Tennessee Requirements
- Residency: At least one spouse in Tennessee for six months (T.C.A. § 36-4-104).
- Waiting period: 60 days without minor children; 90 days with minor children — statutory minimums, though contested cases typically run much longer.
- Parent seminar: Four-hour court-approved class required if there are minor children.
- Mediation: Generally required in Shelby County before a contested trial, under Tenn. Sup. Ct. R. 31.
- Venue: Shelby County Circuit or Chancery Court.
How a Contested Case Moves
- Filing and statutory injunction — the Complaint is filed, the spouse is served, and Tennessee’s automatic statutory injunction under T.C.A. § 36-4-106(d) takes effect, freezing major financial and insurance decisions.
- Temporary orders — pendente lite orders addressing custody, support, use of the home, and restraints while the case is pending.
- Discovery — interrogatories, document production, depositions, subpoenas to employers and banks, and expert valuations where needed.
- Mediation — most cases resolve here. A neutral mediator works with both sides toward a settlement.
- Trial — if mediation fails, the remaining issues are tried to the judge.
- Final Decree — the court’s ruling is entered as the Final Decree of Divorce.
Timeline
Contested divorces generally take six to eighteen months, depending on the court’s schedule, the complexity of the issues, and the level of conflict between the parties. High-asset cases and cases with contested custody often run longer.
Complex Issues We Handle
- High-asset & business valuation — division of closely-held businesses, professional practices, partnership interests, and deferred compensation, often requiring a forensic accountant or business appraiser.
- Retirement & deferred compensation — division of 401(k)s, pensions, IRAs, and stock compensation through QDROs or equivalent orders.
- Military divorce — Servicemembers Civil Relief Act protections and division of military retirement under the Uniformed Services Former Spouses’ Protection Act.
- Separate vs. marital property disputes — tracing premarital assets, inheritances, and gifts, including transmutation and commingling issues.
- Relocation & interstate custody — parental relocation petitions under T.C.A. § 36-6-108 and UCCJEA jurisdiction questions.
- Post-decree modification — modification of custody, parenting time, child support, and alimony based on material change of circumstances.
Fees
Contested divorces are handled on an hourly basis with a retainer, set at the initial consultation based on the complexity of the case. Court costs, expert fees, and mediator fees are billed separately. Call for a specific estimate.
If You’re Being Served — Act Quickly
You generally have 30 days from service of a Complaint for Divorce to file an Answer, under Tenn. R. Civ. P. 12. Failing to answer can result in a default judgment on issues including custody, property, and support. If you have been served, call us as soon as possible.
Call (901) 324-5000 Email the Firm
Brooks Law Firm · 2299 Union Avenue, Memphis, TN 38104 · (901) 324-5000 · patrick@patrickbrookslaw.com · Se habla Español.
If you and your spouse can agree on the major terms, an uncontested divorce may be a better fit — call to discuss which track is right for your case.
This page provides general information about Tennessee contested divorce procedure and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is different — contact a qualified Tennessee family law attorney about your specific situation. Attorney advertising.