When Husbands File Divorce: Tennessee Divorce Process Explained

The divorce process in Tennessee is never the same for any two couples. A Memphis divorce lawyer may have seen hundreds of divorce settlements in his or her years of practice and it’s possible that no two will have been resolved in exactly the same way.

Either spouse may begin a divorce case. When your husband initiates the divorce process it can weigh the case differently than if you had been the one to file. If you find yourself in this situation, seek a divorce lawyer to help you best prepare for the process of a divorce.

There’s a lot to consider when your husband has initiated the divorce process and the paperwork is starting to come together. Before agreeing to a divorce you might consider possible alternatives. Legal separation is an option in Tennessee where a couple ceases marital cohabitation for a period of up to two years.

This can be a “cooling off” period for your husband – and yourself – to come to terms with his feelings and determine if he really wants a divorce. Unfortunately, your husband may not be as open to this possibility in some cases. 

When to Get Your Memphis Divorce Lawyer

When your husband initiates the divorce process in Tennessee he’ll most likely be doing so through a divorce lawyer. You also have the right to legal representation, so get a Memphis divorce lawyer of your own as soon as possible.

There is a belief among many divorce professionals that the party who initiates the divorce is often given an advantage in the settlement. When filing for divorce your husband needs to cite the grounds for divorce, meaning, what is the complaint of why your marriage should be terminated? Depending on what it is, the grounds on which the divorce is filed may have an impact on your ability to collect alimony or receive child custody or support, so it is important to answer any accusations of wrongdoing with the help of a lawyer.

Review the Details of Your Marital Dissolution Agreement

As your divorce case progresses you’ll be working with your divorce lawyer to draft a marrital dissolution agreement. This details all of the matters in your marriage that are about to change.

Some of the terms of the marriage dissolution agreement to review include: 

• spousal support;
• child custody;
• property division;
• joint finances;
• health insurance; and
• payment of attorney’s fees and court costs.

Because your husband filed for divorce, his lawyer may begin drafting the initial agreement. Once the agreement reaches your hands it’s best to have your Memphis divorce lawyer review it to make sure the terms are fair to both sides and in the best interest of your children.

Claim Your Right to Custody and Support 

Don’t let the often frustrating situation of the divorce process in Tennessee keep you from ensuring that both you and your children are safe fiscally. Unless found to be an unfit parent, you are entitled to visitation or custody of your children. If you maintain the majority of the custody rights you may also be entitled to child support.

Spousal support is another right you may have depending on your marital and employment history. When your husband initiates the divorce process in Tennessee his lawyer is not likely to offer you a large alimony settlement. You may need a Memphis divorce lawyer of your own to help argue your right to spousal support after a divorce.

Hire a Lawyer Before Getting Into the Divorce Process in Tennessee

At Miles Mason Law Group, PLC, our divorce law team is here to help alleviate your fears and help you seek the best outcome for your case. To schedule a confidential consultation, contact our office – 901-683-1850. We want to be the Memphis divorce lawyer that helps simplify the divorce process in Tennessee for you.