Deciding to file for divorce is rarely easy. Whether it’s mutual or one-sided, agreeable or contentious, it’s a deeply emotional process and can also be a complex legal process. If you have made the decision to file for a divorce, here are some things to consider before starting the process:

1. Ask Yourself Tough Questions

Before anything else, ask yourself:

• Are you sure this is the right decision?
• Are you financially able to live on your own?
• Do you have the funds to hire an attorney and pay for the process?
• Most importantly, what do you hope to achieve (peace of mind, primary custody, financial stability, etc.)?

Understanding "why" can give you clarity, and help you formulate a plan.

2. Gather Financial Documents

This step is critical. While divorce is often about a break in a relationship, it also involves a division of property and debts. If you are preparing to file for a divorce, gathering certain financial documents before filing will help your attorney quickly understand your financial situation. Before filing, if possible, gather relevant documents including:

• Bank statements for the last two years
• Credit card statements for the last two years
• Tax returns for the last two or three years
• Recent pay stubs showing both parties’ incomes
• Retirement statements showing balances for both parties
• Mortgage statements showing amount owed on real estate
• Investment statements showing balances
• Information on debts, including vehicle loans, personal loans, etc.

When these documents are gathered, make copies and put them in a safe location, away from your spouse.

3. Know Your Legal Options-Hire The Right Attorney

Probably the most important decision you will make after deciding to move forward with a divorce, is hiring the right divorce attorney. While searching for an attorney, here are some thigs to consider and some “red flags.”

• Check reviews online. Good lawyers have good reviews.
• If a lawyer demands a payment just to initially talk to you to discuss options, keep looking for another attorney.
• A good lawyer should meet with you and provide you with various options and provide you with a good understanding of what to expect from the process.
• Make sure you feel comfortable with the lawyer, as you will have to work closely with the lawyer during the process.
• Contact a lawyer early in the process to ensure you are taking the right steps before the divorce is filed.

4. Think About the Kids (If You Have Them)

If you’re a parent, your children’s well-being should be a top priority. In Tennessee, the law states that courts are obligated to maximize time between parents in a divorce. While that does not always mean parenting time will be equal, this is a possible outcome. Always remember that parties should do everything they can during and after the divorce process to maintain the ability to co-parent with each other. If parents are not able to co-parent, the children will suffer.

5. Start Budgeting for the Future

Divorce can change your financial situation overnight. Start drafting a post-divorce budget now, including:

• Housing costs
• Childcare costs
• Health insurance if you lose coverage when divorced
• Legal fees
• Debt payments

Being proactive here can ease the transition and give you peace of mind.

6. Protect Your Privacy

If you share devices or accounts with your spouse, start securing your personal information:

• Change passwords on email, bank accounts and social media.
• Create new accounts if needed.
• Back up important files to a safe location.
• Turn off shared location services you share with your spouse.

This isn’t about hiding things. It is about setting healthy boundaries and protecting your information.

7. Final Thoughts

Preparing to file for divorce isn’t just about paperwork, it’s about setting yourself up emotionally, financially, and legally for a new chapter in your life.

At Patton | Pittman, our divorce and custody practice group has more than 60 years of combined experience representing individuals going through the divorce process. If you are preparing to file for a divorce in Montgomery or surrounding counties, our team is here to help you through this process.

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