Deciding whether or not to get a divorce

August 7, 2015

 

The most important decision in the divorce process is deciding whether or not to get a divorce.  Deciding whether or not to get a divorce is never an easy decision.  When making this life changing decision, it is important that you take your time and think clearly to ensure that you are making the best decision for you and your family. While deciding whether or not getting a divorce is the right choice for you, here is a list of questions you may benefit from asking yourself.

 

Have you tried to resolve your marital conflict with your spouse?

At the Law Office of Nakeshia Walls, we value marriage and the familial relationship.  Hence, in situations, where there is no risk of harm and you are being treated fairly and with respect, we advise parties to consider doing everything in their power to solve their marital problems prior to going through with filing for a divorce.  In order to do everything in your power to solve the problems in your marriage, it is necessary to let your spouse know that the problems in your marriage have become so overwhelming that you are considering getting a divorce.  This ensures that your spouse has an understanding about the severity of your marital problems.  It also gives your spouse an opportunity to work with you so that you can solve your marriage problems together.  If you and your spouse need outside help in negotiating a solution, we offer marital mediation at an affordable price.   Marital mediation is a mediation process for couples who are experiencing marital problems or difficulties and would like stay together and are willing to work through their marital issues.  During marital mediation, couples learn how to work together to resolve their marital issues in a constructive way.  Marital mediation is different from couples therapy in that it utilizes a practical, solution oriented approach to facilitate conflict resolution in which couples are able to identify, brainstorm, negotiate, and problem solve their own solutions to their marital conflict.  To learn more about marital mediation, check out our marital mediation page.

 

Are you involved with another man or woman? 

Dealing with marital issues can make you more susceptible to starting a new relationship with another person; however, new relationships should be postponed until after you are divorced.  Bringing another person into an already difficult marriage can only make the situation worse and create more marital problems that will need to be resolved.  In addition, if you and your spouse decide to go through with the divorce, your spouse may be able to use your extramarital relationship as grounds for the divorce.

 

Are you acting out of anger? 

It is important that you do not allow anger or an argument to drive you to the point of deciding to file for a divorce.  The decision to divorce should be made when you are thinking clearly and not being driven by your emotions.  This is especially important if you and your spouse have children together, as they will likely be greatly affected by the divorce process and are at risk of being used as bargaining tools when the decision to divorce is made out of anger.  If you and your spouse do decide to divorce, it is important to do so in a civil and respectful manner so that the best interests of your family and children are adequately considered.

 

Have you considered the financial consequences? 

I am not suggesting that you should remain married for financial security; however, you should definitely consider the financial implications of divorce when deciding whether or not you are willing to work on saving your marriage.  Deciding to get a divorce has huge financial implications. When you are married, you usually have two people working together to provide for one household.  If you choose to get a divorce, you and your spouse will have to provide financial support for two separate households.  Also, if you and your spouse get a divorce, there is a chance that you may not be awarded alimony. In Tennessee, in order to be awarded alimony, there must be a need for the financial support and the other party must have the ability to pay you the needed financial support. In Tennessee, the child support award is calculated in accordance with the Tennessee Child Support Guidelines using the Tennessee Child Support worksheet, unless extenuating circumstances exist.  The Child Support Worksheet takes into account the parties incomes, amount of time spent with the children, other expenses the parties incur for the benefit of the children, and other child support obligations.  It is important to note that even if you were to be awarded alimony and child support, they may not be enough to provide you and your children the type of lifestyle you are accustomed to having.  To learn more information about child support in Tennessee, visit our Child Support in Tennessee page.  To get more information about alimony in Tennessee, visit our Alimony in Tennessee page.

 

Are you being wise with whom you decide to share your marital problems?  

You should be wise with whom you choose to share your marital problems and thoughts about divorce.  It is probably a good idea for you to discuss your marital problem with our divorce lawyer.  You do not want to tell anyone who will listen that you are having marital problems and considering a divorce, as this will likely only create more marital issues for you and your spouse to have to work through if you decide not to pursue a divorce.  If you would like to have a confidential conversation with our divorce attorney to consider your options, feel free to give us a call.  We offer an hour long Divorce Planning Session for only $100.

 

Have you properly prepared for your divorce?

If you have made the decision to get divorced, the first thing you should do before beginning your Tennessee divorce is to give us a call and schedule a Divorce Consultation.  During your divorce consultation, our Memphis divorce attorney will answer your questions, provide you with legal information, help you develop a divorce plan that works best for you and your family, and work with you to develop an affordable payment schedule if you decide to purchase our divorce services.  If you are not located in Memphis, our Tennessee divorce attorney will be happy to meet with you via phone or video chat to conduct  your Divorce Consultation.

 

Our law office is located in Memphis, Tennessee, but we also serve Bartlett, Germantown, Collierville, Millington, Shelby Forest, Lakeland, Fisherville, Arlington, and Rosemark, Tennessee.

 

 

This information is for advertising purposes only.  It does not constitute legal advice, create an attorney-client relationship, or guarantee particular results.

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