If you are thinking about ending your marriage in Tennessee, you may want to know who usually starts the process. Research suggests women are more likely to start divorce in opposite-sex marriages, but every case is different.
More importantly, filing first does not automatically give either spouse a better outcome. What matters more is how prepared you are for the financial, parenting and legal issues that may follow.
What does research say about who starts divorce?
A study presented at the American Sociological Association found that women initiated about 69% of divorces among heterosexual couples. Because the research was national, that figure does not represent divorce cases filed specifically in Tennessee.
Researchers have suggested several reasons for the difference, but no single reason applies to every marriage. Your own decision may depend on your finances, living arrangements and family circumstances.
Does filing first give you an advantage in Tennessee?
Starting the case lets you list your grounds and requests in the complaint. State law allows several grounds, including irreconcilable differences. However, being the person who files does not mean the court favors you.
State courts divide marital property equitably based on statutory factors. Filing first does not entitle you to a larger share of marital property or automatically determine alimony or parenting decisions.
What happens when the divorce case begins?
Tennessee law also provides temporary injunctions during a divorce case that restrict certain actions by both spouses. These rules generally bar either spouse from improperly transferring marital property, canceling certain insurance coverage or moving their children outside the state or more than 50 miles from the marital home without consent or court approval.
If you think divorce may be ahead, you can start organizing:
- Financial and bank records
- Information about shared property and debts
- Details about your children’s schedules and expenses
Having these records ready can help you identify issues that may need attention.
Prepare for the financial and parenting issues ahead
Who files first may matter less than how prepared you are once the case begins. Financial records, parenting concerns and requests for temporary relief can all affect what happens early in a divorce. If you are unsure how filing first could affect your circumstances, legal guidance can help you understand the divorce process, identify issues that need attention and prepare for the decisions ahead.
