Overview of the Divorce Process by a Collierville, Tennessee Family Lawyer

If you are considering getting a divorce, you may wonder about the process. Who gets to keep the house? What will happen to the children? Where do I even start? The first thing you will want to do is hire a divorce attorney to prepare the paperwork needed to file a divorce petition. The divorce petition includes details about your proposed settlement and what you are seeking. A Collierville divorce lawyer can help with the process of filing the petition and serving it to your spouse.

Beginning the Divorce Process 

The process of getting a divorce starts after the petition is filed. The court will begin issuing temporary orders to ensure that responsibilities are still being taken care of. These include paying bills, caring for children, and assisting the other spouse if he or she has no income. Once the divorce is finalized, these orders no longer are applicable.

The next part of getting a divorce involves discovery. This is when both spouses gather information on each other regarding income, assets, parental fitness, extramarital affairs, and anything else that can be used in a divorce case to determine division of assets, alimony, child support, and child custody. If a spouse refuses to release any information about him or herself, your Collierville divorce lawyer can work to negotiate that the other spouse pay your attorney’s fees.  For more information, see our free e-book Your First Steps.

If Children Are Involved 

Getting a divorce when children are involved is especially tricky. If you and your spouse have minor children, the court will make a decision on child custody arrangements unless you and your spouse can agree on a custody arrangement. Most of the time, the judge will grant equal custody to both parents unless there is compelling evidence that one parent is unfit to care for the children. The judge also will consider the children’s wishes, as well as the parents’, and the relationship between the parents and children. Depending on the state where the divorce is filed, there are other factors that are taken into consideration. Contact a Collierville divorce lawyer to see what state laws apply to your divorce.

Settlement

Not all divorces have to be nasty and negatively affect the children. Divorce is traumatic enough, and engaging in courtroom drama makes the situation much worse. That’s why the court will recommend alternatives to divorce court, such as mediation or arbitration. These are good choices if you and your spouse are still on speaking terms and are civil enough toward each other to reach an agreement. Alternative dispute resolution is also quicker and less expensive than divorce court.

If you cannot reach an agreement with your spouse, then you will need to proceed to a trial. The court will schedule a trial in which both parties will be able to tell their stories and use witnesses. The judge will use this information to make a final decision. A final divorce decree is then entered. If either party disagrees with the decree, they can appeal it.

To learn more, see Tennessee Divorce Process: How Divorces Work Start to Finish.

Contacting a Collierville Divorce Lawyer 

Getting a divorce is hardly ever an easy experience. It is a process fraught with tension, stress and drama. However, a divorce is often necessary in order for both parties to move on with their lives and find happiness.

If you are filing for divorce, you need legal help. You need someone who is knowledgeable of complex Tennessee divorce laws. With offices in Germantown, the Miles Mason Family Law Group represents spouses in Collierville and throughout West Tennessee area.