5 Things to Do Before Filing for Divorce

Our family law experts have worked with a variety of divorce cases, from amicable separations with no minor children, to complicated divorce settlements with minor children – and everything in between. Our team prioritizes a supportive environment and favorable outcomes for everyone involved, and we set high standards for clear communication and a smooth process. So, how do you start the process of filing a Complaint for Divorce? There are several things to do before filing for divorce that you should be aware of, so keep reading to find out more about the steps to take and how our divorce lawyers can help!

What Not To Do Before Filing For Divorce

First, we want to mention a few things not to do before filing for divorce. 

• Do not hide or get rid of any assets. When done in anticipation of the divorce proceedings, this can further complicate the divorce process with resulting penalties. 
• Do not drain funds from shared accounts. Taking funds before or even during the divorce process can also complicate the process and could result in you losing other assets down the line in an attempt to achieve an even division of marital property.
• Do not sign anything without proper review. You should not have to sign an agreement just to make the process “easier”. These decisions affect your future, and you deserve to have your rights taken into account, which is why hiring a divorce lawyer can be so beneficial.

Now, let’s talk about things to do before filing for divorce!

1. Know Your Options

Divorce is not the only option you have to consider – legal separation or annulment may be other paths to look into. If divorce is on the table, then you must understand the difference between contested and uncontested, and whether you file on fault grounds or no-fault grounds. We know it can be confusing, but we help! Uncontested divorces are the simplest, with both parties agreeing amicably, while contested divorces could result in a trial before the appropriate court. A no-fault grounds divorce is very specific– only couples with irreconcilable differences and who have lived apart for two years are eligible. These parties will still need to enter into a Marital Dissolution Agreement and Permanent Parenting Plan, if there are minor children, which are subject to final approval by the Court. Fault-grounds divorce can be filed on the basis of inappropriate marital conduct, or can include reasons such as abuse, felony conviction, adultery, and even amicable separations with or without minor children. 

2. Understand State Requirements

In most cases, in order to file for divorce in Tennessee, you have to be a legal resident of the state and have lived in Tennessee for at least six (6) months. 

3. Gather Important Information

Necessary documents to gather include tax returns, banking statements, credit card statements, retirement statements, insurance and investment information, car registration, real estate deeds, etc. It is okay if you do not have a complete picture of your finances, but identifying and obtaining an overview of the finances and marital assets can ensure everything is handled appropriately during the proceedings and can help create a smooth transition during the divorce process. 

4. Protect Your Finances

Getting organized with your finances may also mean that you consider your personal financial state. If you do not already, you may want to consider opening a new checking and savings account and/or credit card in your individual name. You may also want to request a credit report and start creating a list of any assets and liabilities accrued during the marriage.

5. Hire A Knoxville Divorce Attorney

Perhaps the most important action to take before filing for divorce is to hire a reputable lawyer who specializes in divorce law. This will ensure that you receive clear direction on the actions mentioned above, as well as someone to advocate for you throughout the entire divorce process. You can trust our attorneys with their decades of experience, reputation, compassion, ability to listen and advocate for you. Take a look at our client feedback and reviews, and please do not hesitate to call and ask questions. If you have questions or wish to move forward, you can schedule a free consultation at our office to get more information and advice regarding your situation. 

Not sure what to expect? Read more about the process of hiring a Knoxville divorce attorney and how we can help you complete the necessary steps without added stress. With this list of things to do before filing for divorce, you are one step closer to getting the support you need!