Memphis, TN asked in Divorce for Tennessee

Q: If the plaintiff in a contested divorce doesn't want to go to trial or mediation what can the defendant do?

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1 Lawyer Answer
Kimberly K. Schreiber
Kimberly K. Schreiber
Answered
  • Memphis, TN
  • Licensed in Tennessee

A: You can petition for an Order to go to mediation. Many judges will not set a case for trial until the parties have mediated at least once and sometimes twice. You can find a list of mediators at www.tncourts.gov

The Defendants attorney can Motion to Set for trial and the judge will order a date. It's not up to the Plaintiff to decide not to go to trial unless they are no longer wanting the divorce. If so, the Defendant can file a counter-complaint for divorce and it will proceed.

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