Preparing for Divorce

Divorce is never an easy decision. It represents the end of one chapter and the often uncertain beginning of another. Whether you’ve been considering this step for months or have made a sudden decision, divorce is an emotional process with numerous legal complications. 

You may feel overwhelmed by questions, such as how divorce will affect your children, what will happen to your shared assets, or where to even start.  Therefore, it's important to educate yourself on Tennessee divorce law and what you should expect to better protect yourself, your children, and your future.

At Middle Tennessee Family Law in Franklin, Tennessee, our divorce attorney provides compassionate, personalized guidance through every step of the process. With years of experience handling family law matters, we understand the unique challenges you may face and are dedicated to helping you achieve the best possible outcome.  

Understanding the Basics of Divorce in Tennessee 

Before filing for divorce, it is important to understand Tennessee’s divorce laws and requirements, as these will provide the structure for your case. Tennessee recognizes both fault and no-fault divorces.  

No-fault divorce is most common, and it simply requires you to demonstrate that your marriage has irreconcilable differences, meaning the marriage can no longer function as it once did. Fault-based divorces, on the other hand, involve proving that one spouse’s actions, such as adultery, abandonment, or cruelty, caused the breakdown of the marriage. 

Tennessee also has strict residency requirements when filing for divorce. Either you or your spouse must have lived in Tennessee for at least six months before you can be eligible to file. Additionally, where you file depends on your place of residence. For instance, if you live in Williamson County, you will need to file with the Williamson County court system. 

Steps to Take When Preparing for Divorce 

When facing a divorce, it's essential to thoroughly assess your situation and prepare yourself to handle the emotional, financial, and social aspects of the divorce process. While the specific steps may vary depending on your circumstances, some key steps to get started include the following.

1. Organize Your Financial Documents

Before you file for divorce, collect and organize your financial records. This includes bank statements, tax returns, credit card bills, mortgage documents, retirement accounts, and any records of debts or assets. Divorce often requires full financial disclosure from both parties; having these documents on hand can lead to a smoother process. 

2. Assess Your Goals 

Decide what you want out of the divorce. What are your priorities when it comes to alimony, child custody, or asset division? Developing a clear picture of your goals can make negotiations more efficient and prevent unnecessary conflict. 

3. Consider Your Living Arrangements 

If you and your spouse currently share a home, you’ll need to think about where you plan to stay during and after the divorce process. Whether you decide to stay in the same residence temporarily or one of you moves out, your living arrangements can have both legal and financial implications. 

4. Protect Your Online Presence 

Social media can influence the outcome of a divorce case. Any posts you make, photographs you share, and other digital interactions are often considered during legal proceedings. Avoid posting anything that could be misinterpreted or used against you in court.  

5. Seek Emotional Support 

Divorce is an emotional process. Reach out to friends, family, or even a professional counselor who can support you and help you work through the personal challenges you might face. A strong emotional foundation will enable you to make better-informed and clear-headed decisions. 

Child Custody and Support Considerations 

If you and your spouse have children, custody and support arrangements will play a central role in your divorce. Tennessee courts will always prioritize the child's best interests when deciding these matters, often encouraging joint parenting plans whenever possible. Some common factors that the courts will consider when determining custody arrangements include, but are not limited to: 

• The child’s relationship with each parent 

• Stability of the home environment 

• Each parent's ability to provide for the child emotionally and physically 

• Any history of abuse or neglect 

Child support is determined by state guidelines, which consider both parents' incomes, the number of children, and the child's needs. Having a realistic understanding of how custody and support work under Tennessee law can help you develop a fair and sustainable parenting plan. 

Property Division in Tennessee Divorces 

Tennessee follows an "equitable distribution" approach to dividing marital assets. This does not mean assets are split equally, but rather in a way that the court considers fair. These determinations are based on various factors, including: 

• The length of the marriage 

• The contributions of both spouses (both non-financial and financial) 

• The economic circumstances of both spouses post-divorce 

• Any fault or misconduct reported during the marriage 

There may also be a distinction between separate property (i.e., assets owned individually before the marriage) and marital property (i.e., assets acquired after the marriage began). It's necessary to properly identify and value these assets in order to reach a fair settlement. 

How Can a Divorce Attorney Help?

While every divorce case is unique, the divorce process can be complicated, even with thorough preparation. Therefore, it's important to hire an experienced family law attorney who can provide clarity and guidance as you work through your case.  

At our firm, Middle Tennessee Family Law, Attorney Tiffany Johns has assisted numerous clients in Franklin, Tennessee, and the surrounding counties. With our in-depth knowledge of Tennessee divorce laws, we aim to protect your rights and interests while providing you with the support you need. 

Whether you’re concerned about child custody, asset division, or simply want to make sure the process is handled as efficiently as possible, an experienced divorce attorney can make a considerable difference. At Middle Tennessee Family Law, we are proud to offer free case evaluations, enabling you to discuss your situation directly and understand your options before taking the next step. 

Take the First Step Today 

Divorce may feel overwhelming, but you don’t have to face it alone. By taking the time to thoroughly prepare, seeking the right legal guidance, and building a clear path forward, you can work toward a settlement and focus on the opportunities ahead.  

If you are considering divorce, reach out for support today. Contact us to schedule a free case evaluation and take the first step toward reclaiming your future. We serve clients throughout Williamson County, Davidson County, Wilson County, Sumner County, and Rutherford County.