The Basics of a Memphis Contested Divorce
Contested divorces are, by definition, a divorce in which the parties have points of contention that they simply cannot agree upon, topics like alimony, child custody or child support, and the division of real estate and other assets.
At the point that a divorce becomes contested, generally both parties retain attorneys to ensure the coverage of their interests from a legal standpoint.
From this point onward, the majority of the conversation will take place between the two attorneys – the more conversation that can occur between the parties directly, calmly, and productively, though, will result in a faster resolution.
We encourage mediation when topics just get too heated – mediation is conducted by a third-party attorney, with both parties and their lawyers present, in order to reach agreements calmly and logically if at all possible.
While it is advisable to seek the advice of an attorney that is willing to go to mediation on your behalf, we also recommend discussing with your attorney from the outset their willingness to protect your full interests in court – you don’t want an attorney who will encourage you to compromise on everything just to keep themselves out of a trial!
Contested divorces, after even a brief time, can truly feel like what they sound like: a contest. Who can come out on top? Who can get the most things they want their way? Who will end up victorious? These are all part of the “contest”.
With the assistance of professional and informed divorce attorneys on your side, you’re usually able to take a step away from the contest and the struggle and come to an agreement that is a good fit for everyone.
Only approximately 5% of divorces here in Memphis ever reach the trial stage. And this only occurs after all talks have broken down and mediation has not been successful.
Going through a divorce trial is something akin to dog sledding across Alaska. You never know what the ending will be like. And once you enter a trial the judge takes over and will come to a decision that you will be forced to live with. No matter if you agree with it or not. And like sheriff’s of the Wild West, these judges often make decisions based on what they “feel” is best, not necessarily what you may feel is fair.
My team and I are ready to support you fully if you decide to pursue a contested divorce through to trial. We will do everything we can to get you the best result possible. However, we will do everything we can toattempt to resolve your case without having to go through with the nerve wracking and unpredictable affects of a trial.