Can we do a contested or uncontested divorce?

Asked 7 months ago - Nashville, TN

My husband and I have been married for a year and would like to do an uncontested divorce. The thing is I have a house, purchased before we got engaged and both have been living in. He has been unemployed for most part and this I've been paying most of the bills., the deed and mortgage in solely in my name. We both have 401k through our job (very small amount) Also, over the couple years we have been together, prior to marriage, he has borrowed my actual cash (over 30k) that I would like for him to pay back.

Attorney answers (4)

  1. Mary Elizabeth Yarbrough

    Contributor Level 10


    Lawyers agree

    Answered . If you are able to agree on all aspects of division of assets and debts which would include the cash you want repaid, then you have an uncontested divorce. If there are any issues upon which you are unable to agree, then you mist have a hearing and allow the judge to decide. The latter scenario is a contested divorce.

  2. Richard Carl Perry Jr.

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . If you and your husband are able to agree on everything then you are looking at an uncontested divorce. If on the other hand there is one thing you can't agree on you are looking at a contested divorce. What makes it difficult in your situation is that he is unemployed and may not have a place to go. You should encourage him to get a job so that he can afford a place to live. You have a shirt marriage so I doubt a judge would rule you have to pay a lot of money as there was just not enough time for the both of you to acquire joint assets. You should definitely consider consulting a divorce attorney to discuss your legal rights and options. Most attorneys offer consultations free of charge. Good luck.

  3. Johnny Quitman Rasberry Jr.


    Contributor Level 15

    Answered . Ms Yarborough has given you the correct analysis. You would be wise to follow her sage advice.

  4. Jaymes Dale Moreland

    Contributor Level 8

    Answered . Mrs Yarbrough is spot on. If you can agree to the distribution of assets and debts, then you can file an uncontested divorce. If there are issues that cannot be resolved, then you would file a contested divorce. Consult an attorney and see what your best option would be. Best of luck.

    Disclaimer: This is not legal advice. This is only an opinion given with the limited facts presented in the... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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