Preparation for Divorce in Hamilton County

Going through a divorce can be a stressful and challenging experience. However, when you decide to go forward with filing, knowing how to navigate the process is a significant and beneficial step. In preparation for divorce in Hamilton County, it is crucial to research and retain an experienced divorce attorney who can help walk you through the process.

Filing a Divorce Complaint and Serving a Court Summons

Filing the divorce complaint is the first step a party will take when getting a divorce in Tennessee. The complaint initiates the divorce process and informs the court of the party’s requests, such as dissolving the union, dividing marital assets, and determining custody and support of any minor children the couple has. Individuals should prepare to provide information about the following when filling out the Divorce Complaint Form:

  • Divorce date
  • The date and location of engagement
  • Minor children
  • Divorce basis (on blame or no-fault)
  • Financial and budgetary requirements
  • Loans and wealth

After filling out the separation complaint form, the party should review it again to ensure the accuracy and completion of each answer. The complaint form must then be signed before a registrar.

File the Divorce Forms and Serve the Summons

Once the party files their complaint, they must then serve the summons to the other party. They can do this via a court officer or a Deputy Sheriff. Tennessee currently allows serving via mail, where the recipient or their local lawyer must sign waivers of serving processes, acknowledging receipt.

The other party typically has 30 days upon receiving the complaint and summons to submit an answer and file a Counter-Complaint. In some cases, such as if the spouse is in active military service, they will have more time to answer. Notably, the other party can embrace or refute the allegations and request the court to express themselves, so having an attorney present through this process may be in the party’s best interests.

Settlement or Separation in Hamilton County

Settling disputes can be done with or without a mediator. Occasionally, discovery occurs prior to or concurrently with settlement talks. Other times, it does not happen until after talks of settlement have failed.

Discovery involves communicating and collecting information that is relevant to the case. The process is used to determine property distribution, spousal support, custody battles, and child support.

Extended Settlement Talks Through Mediation

Mediation is far less expensive than appearing in court, and it enables the petitioner to keep influence over the results of the case. However, some issues cannot be resolved alone. If such is the case, the parties must attend a court hearing for a judge’s assistance.

Hamilton County courts have many pre-divorce procedures to follow and involves a lot of evidence preparation. In these cases, it is especially crucial to have legal counsel familiar with the process who can represent a party’s rights.

Call an Attorney in Preparation for Your Divorce in Hamilton County

In preparation for divorce in Hamilton County, a lawyer from our team can assist you in navigating the process and getting all that you deserve during settlement.

Our skilled lawyers sympathize with your situation and could commit to helping you weigh your options to help you reach a favorable outcome. Call us today for a consultation of your case.

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