Going through a divorce is often emotionally and financially challenging under the best of circumstances. Even if you and your spouse appear to agree on the terms of your divorce, the process can become complicated. Moreover, a single disagreement can turn the entire process into an adversarial battleground. While it is possible to go through the divorce process without legal representation, doing so puts you at risk of making costly mistakes or overlooking important legal rights and protections available to you. With that in mind, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby explains the top five reasons
why hiring an experienced attorney is one of the most important decisions you can make during a Tennessee divorce.
- Legal Advice and Guidance: Unless you have a legal background or education, Tennessee divorce law can be difficult to understand. Moreover, there are specific procedural rules, timelines, and documentation requirements that must be followed for your divorce to proceed smoothly. An experienced divorce attorney can guide you through each step of the process, from filing the initial complaint to the final decree, ensuring that everything is done correctly and on time. An attorney can also provide you with objective advice and guidance during what is likely an emotionally charged time, helping you avoid making emotional decisions that could have lasting consequences. Finally, while many divorce cases reach an out-of-court marital settlement agreement that avoids the need for a trial, your divorce could end up in trial. If that happens, having an attorney represent you in court is essential.
- Ensuring Fair Property Division: When it comes to the division of assets in a Tennessee divorce, Tennessee is an equitable distribution state. This does not mean that assets must be divided equally. Instead, it means marital property must be divided fairly. Determining what assets are marital property and what assets are separate property as well as calculating the value of assets are all potential points of contention during a divorce. An attorney will help you properly identify and value all assets and then negotiate for a fair division to ensure that your financial interests are protected.
- Protection of Parental Rights and Interests: If you have minor children of the marriage, divorce becomes even more complicated. Tennessee courts are required to make all decisions in a divorce, including custody, parenting time, and child support, using the “best interests of the child” philosophy. An attorney can help you craft a parenting plan that serves your child’s needs and ensures that your rights as a parent are protected as well as ensure that your case is effectively presented to the court if an out-of-court agreement cannot be reached.
- Accurate Child and Spousal Support Calculations: The Tennessee Child Support Guidelines are used determine child support in a Tennessee divorce, but factors such as income, parenting time, and extraordinary expenses can influence the final amount. Spousal support, or alimony, is even more subjective, depending on factors like the length of the marriage, the standard of living, and the earning capacity of each party. An attorney can ensure that support calculations are accurate, fair, and reflect the realities of your situation to help ensure that you do not end up paying too much or receiving too little support.
- Negotiation and Settlement: Most divorces in Tennessee settle outside of court, through mediation and/or negotiation between the parties and their attorneys. For most people, trying to negotiate a divorce settlement while they are still struggling with the emotional impact of the divorce can be extremely difficult. An experienced divorce attorney, however, has the negotiation skills and objectivity necessary to negotiate on your behalf and reach a favorable agreement when possible. Furthermore, an attorney knows how to structure settlements that reflect your interests while also ensuring that the agreement is legally enforceable. Attempting to negotiate a divorce settlement without legal representation puts you at a disadvantage, especially if your spouse has an attorney.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about reasons to hire an attorney for your Tennessee divorce, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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