How To Start a Divorce in Tennessee

How to start your Tennessee divorce

How to start a divorce in Tennessee will be a new experience for most spouses, one that can be unsettling, intimidating, or downright frightening. An American author of horror fiction, H.P. Lovecraft (1890-1937) duly noted:

“The oldest and strongest emotion of mankind is fear, and the oldest and strongest kind of fear is fear of the unknown.”

Your Tennessee divorce should not be a horror story. Instead, begin managing your fear or anxiety over the unknown by reading about the divorce process, tackling the various legal concepts one at a time.

Listening to discussions on family law topics can be very helpful, too. Family lawyer Miles Mason, Sr., has many videos available on the firm’s website and on YouTube, including his explanation of the Tennessee divorce process and how to keep lawyer’s fees down.

Preparation for Tennessee Divorce

The legal process for divorce in Memphis is like any other in Tennessee. It has:

A beginning – the filing of a Complaint for Divorce and an Answer, or written response;

A middle – various proceedings to assist the parties in resolving property, alimony, custody, parenting time, and child support issues and disputes, including mediation;

And an end – the court’s final decree of divorce with orders resulting from a trial or settlement.

Whether you are considering divorce as a possibility or readying to respond to the complaint, you need to do much more than follow your spouse’s lead. Be proactive. Get started in a direction that improves the likelihood of your obtaining the best possible results in your case, given your circumstances and the goals you have for yourself and your children.

5-Step Divorce Checklist

Defeat fear of the unknown by reading about our state’s family law and divorce proceedings. Start by using the following checklist to guide your learning and research efforts:

1. Learn about the various grounds for divorce.

Every complaint must allege grounds for divorce. There are 15 grounds for divorce in TN, almost all of which are based upon marital fault committed by a spouse (or by both spouses). Two possible no-fault grounds are allegations of irreconcilable differences or two-year separation when the parties do not have minor children.

2. Gather important documents, financial records, and papers.

Divorce necessarily requires disclosure of comprehensive personal and financial information. While you can, gather up family documents, financial records, personal files, computer data, and so on. This information may be used as evidence and will help your lawyer present your case in the best possible light. You may want to take a moment right now to download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce.

3. Determine the value of your marital property.

Because separate property must be allocated and marital property divided in every divorce, valuation of assets and debts is an essential process. Every couples’ situation is different, and many will need the help of professional evaluators and forensic accountants.

4. Determine what your financial requirements will be.

Any divorce can require the payment of alimony. To learn how the court goes about determining alimony awards, take a look at:

Tennessee Alimony Factors in Divorce Law.

5. Consult with a divorce lawyer.

As New York lawyer David Centeno mentions in 5 Reasons That You Need a Divorce Attorney, nothing can replace competent legal advice from a family law practitioner. Who wouldn’t want to:

● Get dependable divorce information and guidance;

● Reduce stress and anxiety;

● Avoid mistakes and unnecessary delays;

● Strategize for the best possible outcome; and

● Enter into settlement agreements that are binding and enforceable?

Get Legal Help with Your Memphis TN Divorce

Memphis divorce attorney, Miles Mason, Sr., practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Check out The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, available on Amazon and Kindle. To schedule your confidential consultation, call us today at (901) 683-1850.