What Are the First Steps I Should Take if I’m Considering Divorce in Chattanooga?

I’ve sat across the desk from hundreds of people just like you. They come in, usually looking a mix of scared and determined, and ask, “What do I do first?” If you’re considering filing for divorce in Chattanooga, you’re probably feeling the same way.

That’s normal. But let me tell you what I tell all my clients: knowledge is power, and you’re already taking the right first step by seeking information.

Let’s walk through what you need to know and do as you contemplate this life-changing decision.

Gather Financial Documents for Your Chattanooga Divorce

Before you do anything else, you need to get a clear picture of your current legal and financial standing.

Start by gathering your financial documents:

• Bank statements
• Tax returns
• Mortgage papers
• Credit card bills

Why? Because in my experience, having this information at your fingertips can save you weeks of stress and thousands in legal fees down the line.

Next, take stock of your assets and debts. In Tennessee, we follow “equitable distribution” rules. That doesn’t necessarily mean a 50/50 split, but it does mean you need to know what’s on the table.

Marital vs. Separate Property in Tennessee Divorce

Tennessee law distinguishes between marital property and separate property. Marital property typically includes assets acquired during the marriage, regardless of whose name is on the title. This could be your family home, retirement accounts, or even a business started during the marriage.

Separate property, on the other hand, usually includes assets you owned before marriage, inheritances, or gifts specifically given to you. But be careful – separate property can become marital property if it’s commingled or used for the benefit of the marriage.

Why does this matter? Because in a divorce, only marital property is subject to division. Knowing what’s marital and what’s separate can significantly impact your financial future post-divorce. I’ve seen cases where clients unknowingly converted separate property to marital property, drastically changing their financial picture in the divorce.

Know Your Rights Under Tennessee Divorce Law

Here’s something many people don’t realize: Tennessee recognizes both fault and no-fault grounds for divorce. Most of my clients opt for the no-fault “irreconcilable differences” route, but there are times when citing fault can impact the outcome of your case.

Also, be aware that Tennessee has a waiting period – 60 days if you don’t have minor children, 90 days if you do. This might seem frustrating, but I’ve seen this cooling-off period actually help some couples reconcile.

Understand Child Custody in Chattanooga Divorces

If you have children, their well-being needs to be your top priority. Tennessee courts will always put the best interests of the child first. Start thinking about custody arrangements and how you’ll co-parent.

I always advise my clients to document their involvement in their kids’ lives. Jot down the school events you attend, the doctor’s appointments you take them to, the daily routines you handle. This isn’t about scoring points against your spouse; it’s about demonstrating your ongoing commitment to your children’s well-being.

As of July 1, 2024, Tennessee law now presumes that joint custody and equal parenting time are in the child’s best interest. This means the court starts with the assumption that you and your ex should have equal time with the kids and share in major decisions. It’s a significant shift that underscores the importance of both parents staying involved post-divorce.

However, if there’s evidence that another arrangement would better serve your children’s needs, the court will consider that. Remember, while the law favors equal involvement, your child’s unique needs still come first in any custody decision.

Protecting Your Assets During a Divorce

I’ve seen clients rush to empty joint bank accounts or run up credit card bills. Don’t do this. Not only can it backfire legally, but it also sets a tone of conflict that can make the entire process more difficult and expensive.

Do, however, take steps to protect your privacy. Change your passwords, be cautious on social media, and consider opening a new email account for divorce-related communications. You’d be surprised how often a careless Facebook post or email can complicate a case.

Consider Divorce Mediation, But Be Prepared for Court

Many of my clients are surprised when I bring up mediation. But here’s the truth: in many cases, mediation can save you time, money, and stress. It’s so effective that many Tennessee counties require mediation before a divorce case can go to trial.

That said, sometimes court is unavoidable. If your spouse is being unreasonable or if there are complex assets involved, litigation might be necessary to protect your interests.

Take Care of Your Mental and Emotional Health

This might sound like odd advice coming from a divorce lawyer, but it’s important: take care of your emotional health. The decisions you make during this process will impact the rest of your life. You need to be in a good headspace to make them.

Consider talking to a therapist or joining a support group. Many of my clients find this helps them navigate the emotional turbulence of divorce and make clearer decisions.

Why You Need a Chattanooga Divorce Attorney

Here’s the bottom line: divorce is complicated, both emotionally and legally. While you might be tempted to go it alone to save money, I’ve seen too many people regret that decision. The money you think you’re saving upfront can cost you dearly in the long run if your rights aren’t properly protected.

That’s why I always recommend consulting with an experienced Chattanooga divorce attorney early in the process. A good lawyer doesn’t just handle paperwork – they’re your strategist, your advocate, and often, your voice of reason during a turbulent time.

At The Law Office of Sam Byrd, we’ve guided countless Chattanooga residents through the divorce process. We know the local courts, we understand Tennessee family law inside and out, and most importantly, we know how to protect your interests while minimizing conflict.

If you’re ready to take the next step, or if you just have questions about the process, reach out to us. We offer consultations where we can discuss your specific situation and help you understand your options. Remember, considering divorce doesn’t commit you to anything. But knowing your rights and options? That’s just smart planning.