Contested Divorce Lawyer Germantown, TN
You Need Someone Who Knows How to Fight, and When to Settle
A contested divorce doesn’t have to spiral out of control into a huge trial, but it does need an attorney who is experienced in Tennessee law, knows the Shelby County courtrooms, and won’t let the other side tear you down.
What Makes a Divorce Contested?
A divorce becomes contested when you and your spouse can’t reach an agreement on one or more important issues, such as property division, child custody, support, or the grounds for divorce.
This does not mean you’ll end up in a courtroom screaming at each other. Most contested divorces in Tennessee are resolved through negotiation or mediation before trial. But the decisions made early in the process create the road for everything that comes after. This is why having the right contested divorce attorney from the start matters more than most people realize.
Why You Need an Uncontested Divorce Attorney
Property division
Tennessee follows equitable distribution under § 36-4-121, meaning marital property is divided fairly, not automatically 50/50. What "fair" looks like depends heavily on how well your case is presented.
Child custody
Shelby County courts require a permanent parenting plan in every divorce involving children. Under § 36-6-404, that plan must address decision-making authority, residential schedule, and how future disputes are handled. Getting this right the first time matters—modifications are possible, but never easy.
Alimony
Tennessee recognizes several types of spousal support under § 36-5-121. The court weighs earning capacity, length of the marriage, and standard of living. Without strong advocacy, you may end up paying more than you should—or receiving far less than you're owed.
How Does an Uncontested Divorce Work?
Once a complaint is filed in Shelby County Circuit Court, automatic injunctions under Tennessee Supreme Court Rule 15 kick in immediately. Neither party can hide assets, move kids from the state, or cancel insurance policies.
From there, both sides exchange financial records through discovery. Tennessee courts require mediation before most contested divorces go to trial, and many are resolved there. When they don’t, a judge decides, and we know what it takes to win in those courtrooms.
The Waldrop Firm is Here for You!
Our leading and founding attorney, David Waldrop, has practiced family law in Tennessee for 37 years. He’s handled contested divorces involving complex asset division, high-conflict custody disputes, and business valuations. He knows the law, he knows Shelby County, and he knows when to push and when to settle.
Contested divorces are expensive and exhausting—his goal is the best possible outcome in the least amount of time, without cutting corners.
What our clients say
Mr.Waldrop is the absolute best divorce lawyer I could have asked for. He handled my divorce quickly and without any complications. He’s a wonderful person. Thank you again.
Positive
Quality, Professionalism
- Chris “ThatGuyInTheHat” Austin
Very concerned about my issue. Returned calls and addressed questions. Would recommend to people for legal representation.
- Modesty Feathers
David is a wonderful lawyer. He took the time to break down the issues I had and give me advice on how to handle it. He allowed for any and all questions I had about my situation and gave me very sound and educated advice. I cannot begin to thank him for his words of wisdom. I would recommend him to anyone who needs family law advice
- Travis Rogers
I would recommend David Waldrop to anybody that is looking for a child custody lawyer. He has been very responsive and helpful with my case thus far and I’m very grateful to have him on my side. He has taken the time and has listened to every one of my concerns regarding my child custody case with my children’s father. He has showed that he is very knowledgeable and experienced in what he does. 100% would recommend him
- Hannah Marie
I am looking forward to working with Waldrop Firm, P.C.
This Firm work with difficult cases. an my case is difficult.
I have only seen 5 stars behind their belt.
Thank you David Waldrop for accepting my case.
- Delores Grandberry
Mr. Waldrop & his staff were very friendly, prompt, & explained everything in detail to our family throughout our estate planning process. I would recommend his firm to anyone!
- Jessica Cannon-Macklin
Answering Commonly Asked Questions
Can my spouse and I use the same attorney to save money?
What if my spouse filed first? Does that hurt my case?
Can a judge order my spouse to pay my attorney's fees?
Yes. Under § 36-5-103, Tennessee courts can award attorney’s fees in divorce cases, particularly when there’s a significant difference in income between the spouses or when one party has acted in bad faith during the proceedings. It’s not guaranteed, but it’s absolutely worth raising.
What happens to the house if neither of us wants to sell the home?
If both spouses want to keep the marital home and can’t agree, a Tennessee court can order a partition sale—forcing the sale and dividing the proceeds. But most cases are resolved before it gets there, with one spouse buying out the other’s equity or trading the home against other marital assets.
Contact The Waldrop Firm Today
You’ve already taken the hardest step, confronting your situation.
The rest is paperwork, strategy, and having the right person in your corner. David Waldrop has handled contested divorces in Shelby County for 37 years. He’ll tell you exactly where you stand, what your options are, and what he’d do in your position.
