A contested divorce in Jefferson County, Kentucky, or Davidson County, Tennessee, usually moves through the same stages: filing, the other spouse's response, temporary orders, exchanging financial information, mediation, and, if the case does not settle, a trial. A contested case commonly takes several months to a year or more, depending on how many issues are disputed and the court's schedule. Most contested cases settle before trial, often at mediation.
What makes a divorce "contested"?
A divorce is contested when the spouses disagree on at least one issue, such as custody, the parenting schedule, child support, spousal support, the house, or retirement accounts. Even one disputed issue means the court may have to decide it, which adds steps and time.
Stage 1: Filing
- Kentucky: the case starts with a petition for dissolution of marriage, filed in Jefferson Family Court for Louisville cases. At least one spouse must have lived in Kentucky for 180 days before filing.
- Tennessee: the case starts with a complaint for divorce. In Davidson County, it is filed in Circuit Court or Chancery Court, depending on the case type. If the grounds arose outside Tennessee, one spouse must have lived in Tennessee for six months before filing.
Stage 2: Service and response
The other spouse is formally served and has a set time to respond. That is generally 20 days after service in Kentucky and 30 days after service in Tennessee. The response is where disagreements first appear on the record.
Stage 3: Temporary orders
While the case is pending, either spouse can ask the court for temporary orders on urgent issues: where the children live and the temporary parenting schedule, temporary child support, temporary spousal support, and who stays in the home. Temporary orders keep things stable until the case is resolved, and they often shape the final outcome.
Stage 4: Financial disclosure and discovery
Both spouses exchange financial information: income, accounts, debts, and property. If one spouse will not share information voluntarily, formal discovery such as written questions, document requests, subpoenas, and depositions can require it. This stage often takes the longest, especially when a business, real estate, or retirement accounts are involved.
Stage 5: Mediation
Courts often send contested cases to mediation, where a neutral mediator helps the spouses negotiate. Many contested divorces settle here. A signed agreement is submitted to the court and becomes binding once approved. Compare mediation and litigation.
Stage 6: Pretrial and trial
If mediation does not resolve everything, the court sets the remaining issues for trial. Both sides exchange witness and exhibit lists, and the judge decides the disputed issues after hearing the evidence. Kentucky and Tennessee divorce cases are decided by a judge.
Stage 7: Final decree
The case ends with a final decree. In Kentucky, a court cannot enter it until the spouses have lived apart for at least 60 days, which can include living apart under the same roof. In Tennessee, an agreed divorce on irreconcilable differences has a waiting period of 60 days without minor children and 90 days with minor children.
What slows a contested divorce down?
- More disputed issues. Each one adds negotiation and possibly hearing time.
- Missing or hidden financial information. Discovery disputes add months.
- Valuation disputes. Businesses and real estate may need appraisals.
- The court's calendar. Hearing and trial dates depend on the court's availability.
What speeds it up?
- Organized documents from day one. Tax returns, pay stubs, and account statements.
- Narrowing the issues. Settle what you can, and litigate only what you must.
- Mediating early. The sooner the spouses negotiate seriously, the sooner the case ends.
What does a contested divorce cost?
Under hourly billing, each stage above adds billable hours. At Wise & Associates, fees are staged flat fees, never hourly: upfront fees range from $1,500 to $5,000 depending on the case type and how much litigation is required, and mediation, court appearances, and trial are each priced before they begin. See how pricing works, or read what a divorce costs in Louisville and Nashville.
Talk to an attorney
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
- Louisville, Kentucky: Wise & Associates, (502) 618-0000. Kentucky divorce
- Nashville, Tennessee: Wise Law, (615) 208-9190. Tennessee divorce
