Why Is My Divorce Taking So Long?

The time it takes to get divorced depends on various factors including whether the divorce is contested or uncontested, the complexity of the issues involved, and the local court’s schedule. It typically takes several months to get a Knoxville divorce finalized, even if the divorce is uncontested.

The process of getting a divorce in Knoxville typically involves several steps:

1. Filing the complaint for divorce: One spouse (the petitioner) files a complaint for divorce with the appropriate court in the county where either spouse resides. The complaint outlines the grounds for divorce and any other relevant information.
2. Service of process: After filing, the petitioner must serve a copy of the Complaint and a summons to the other spouse (the respondent). This can be done through personal service by a sheriff or process server, or through certified mail with return receipt requested.
3. Response: The respondent has a certain amount of time to respond to the Complaint after being served. They may file an Answer, admitting or denying the allegations in the Complaint, and may also file a Counterclaim if they wish to assert their own claims for relief.
4. Discovery (if necessary): Discovery is the process of gathering information relevant to the divorce, such as financial documents or evidence related to child custody. This step may or may not be necessary depending on the complexity of the case and whether the divorce is contested or uncontested.
5. Negotiation/Settlement: Parties may attempt to negotiate a settlement agreement outside of court, either on their own or with the assistance of attorneys or mediators. This agreement typically addresses issues such as property division, child custody, child support, and spousal support.
6. Mediation (if required): In Tennessee, divorce mediation is required in all cases with limited exceptions. In divorces involving children, mediation can help parents resolve disputes over parenting plans, legal authority to make decisions concerning the children, parenting time, and visitation.
7. Finalizing the divorce: If the parties reach a settlement agreement, they can submit it to the court for approval. If the court approves the agreement, it will issue a final decree of divorce. If the parties are unable to reach an agreement, the case may proceed to trial, where a judge will make decisions on the unresolved issues.
8. Waiting period: There is a mandatory waiting period of 60 days from the date of filing for divorce before it can be finalized in Tennessee. If children are involved, the waiting period is 90 days.
9. Final decree: Once the waiting period has passed and any necessary requirements have been met, the court will issue a final decree of divorce, officially ending the marriage.

Generally, uncontested divorces where both parties agree on all terms may proceed more quickly than contested divorces, which may involve hearings, negotiations, and potentially a trial. However, even uncontested divorces may take longer if there are issues that need to be resolved, such as child custody, property division, or spousal support.

What is the difference between a contested and an uncontested divorce?

The difference between a contested and an uncontested divorce involves how the spouses handle the various issues related to the dissolution of their marriage. The type of divorce you have could affect the length of time it takes to reach an outcome.

Contested divorce

In a contested divorce, the spouses do not agree on one or more critical issues such as child custody, visitation, division of property, allocation of debts, or spousal support. Because of the disagreements, the divorce proceedings become adversarial, and the parties may need to go through litigation to resolve their differences. This typically involves hearings, negotiations, and potentially a trial where a judge makes decisions on the unresolved issues. Contested divorces are generally more time-consuming, expensive, and emotionally draining because the additional paperwork required, the need for multiple court appearances, and the uncertainty of trial outcomes.

Uncontested divorce

In an uncontested divorce, the spouses are able to agree on all aspects of the divorce – child custody, visitation, division of assets and debts, and spousal support – without court intervention. Because no disputes need to be resolved in court, uncontested divorces are typically simpler, faster, and less expensive than contested divorces. Uncontested divorces often involve filing paperwork with the court outlining the agreed-upon terms, which the court reviews and approves. Legal representation is still advisable to ensure all necessary paperwork is completed correctly.

What can I do if I don’t agree with the court’s decision?

If you don’t agree with the court’s decision in your divorce, you typically have several options available to seek a resolution:

• Appeal: If you believe the court made a legal error in its decision, you may have the right to appeal the decision to a higher court. Appeals are generally based on arguments that the trial court misapplied the law or abused its discretion in making its decision and must be filed within a certain timeframe after the entry of the final judgment.
• Motion for reconsideration or new trial: You may be able to file a motion asking the trial court to reconsider its decision or grant a new trial. This option is typically available if there are significant errors in the court’s decision or if new evidence has emerged that was not available during the original trial.
• Negotiation or mediation: Even after the court has issued a decision, you may still be able to negotiate with the other party to reach a mutually acceptable resolution. Mediation can be particularly helpful in resolving disputes outside of court and reaching a compromise on contentious issues.
• Modification: If your circumstances have changed since the court issued its decision, you may be able to seek a modification of the court’s orders. For example, if there has been a substantial change in your income or the needs of your children, you may be able to request a modification of child support or custody arrangements.

While it may be frustrating if you disagree with the court’s decision, it’s important to comply with the court’s orders unless and until they are modified or overturned. Failure to comply with court orders can result in legal consequences, including contempt of court charges. Also, you should keep in mind that these options will make your divorce take even longer.

Divorce can be difficult, and it can take time to get it right. At LaFevor & Slaughter, we help our clients navigate the stages of divorce as efficiently as possible. Call our Knoxville divorce lawyers today or fill out our contact form to schedule a consultation.