Contested Divorce in Memphis, Tennessee

A contested divorce is what most people picture when they think about divorce court: two parties who cannot agree, a judge who decides for them, and attorneys on both sides fighting for their clients. It is more expensive than an uncontested divorce, more time-consuming, and more emotionally draining. Sometimes it is also unavoidable.

When Divorce Becomes Contested

A contested divorce is one where the parties cannot reach agreement on one or more material issues, including property division, debt, custody, parenting time, child support, or alimony. It does not have to be a total breakdown. Many divorces start contested and settle before trial. In fact, the overwhelming majority of contested divorces in Shelby County resolve through negotiation or mediation before a judge ever rules.

But reaching a fair settlement requires leverage, and leverage comes from being prepared to try the case. An attorney who cannot or will not take a case to trial is an attorney without leverage. We try cases.

Filing on Fault Grounds

Tennessee recognizes both no-fault and fault-based grounds for divorce. Even in an uncontested filing, we typically include a fault ground alongside Irreconcilable Differences as a strategic matter, because it preserves your options. If negotiations break down, having alleged adultery, inappropriate marital conduct, or abandonment gives the court something to consider when dividing property or awarding alimony.

Fault grounds require proof. We will tell you early in the representation what we can prove and what we cannot.

The Timeline of a Contested Divorce in Shelby County

Contested divorces in Shelby County Circuit and Chancery Courts typically take six months to two years from filing to final decree, depending on complexity, the court’s docket, and how aggressively the other side litigates. The process includes the complaint, service of process, temporary orders if needed, discovery, mandatory mediation, and trial if no settlement is reached.

Our Approach

We fight for our clients. We also tell our clients the truth. If an offer is fair, we will tell you it is fair. If it is not, we will tell you that too, including why, and what it will cost to do better. You make the decisions. Our job is to make sure you are making them with accurate information. For clients where agreement is possible, see our page on Uncontested Divorce in Memphis.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.