Divorce
How to Prepare for Divorce
Couples who marry today have a roughly 40 to 50 percent chance of getting divorced, (for first marriages) so while divorce seems like something that happens to other people, many who are married may face it at some point. While going through a divorce is usually more traumatic than you think it will be and…
Read More5 Difficult Things to Accept about Divorce
There will come a time when divorce gets real for you and things might be a bit more challenging than you had bargained for. Divorce can be adversarial and it will bring out aspects of your spouse’s character that you may not have seen before. When you agree to divorce and you set off on…
Read MoreModifying Your Parenting Plan When Circumstances Change
When Tennessee couples with children divorce, they create (sometimes on their own, sometimes with lawyers, sometimes by ruling from a judge) a parenting plan. The basic format of the plan is supplied by the TN courts, and must be used for the creation of a new plan, or to modify an existing one. We point…
Read MoreFive Signs You May be Heading for Divorce
The decision to end a marriage is always a tough one, even if both spouses are in agreement. After all, no one gets married in the hopes of one day getting a divorce. Over the years, we’ve found that there are certain indicators that a couple is ready to divorce, or at least ready to…
Read MoreHow Vacations and Summer Travel Impact Parenting Plans
This is the time of year when parents start planning vacations and make plans for the summer months. When you are going through a divorce, or after the divorce is finalized, the parenting plan agreement is an important document that will govern the communications between the two co-parents. Even when the co-parents have a relatively…
Read MoreDating During Divorce is Dangerous in Tennessee
Although you might think your marriage is over when you and your spouse decide to divorce, it is not over in the eyes of the law until the final divorce decree has been signed by the judge. A divorce can be an emotionally tumultuous experience, and once you have decided in your mind that you…
Read More“Gray Divorce”: Issues Facing Couples Who Split Later in Life
While the divorce rate among younger age groups has been dropping in the past decade or so, people who are age 50 or older are twice more likely to end their marriages now than they did in years past. Divorces that occur later in life, or “gray” divorce as it is now being called, is…
Read MoreDivorce and the Rising Cost of College
Paying for college tuition can be a controversial topic. Depending on the child’s age when their parents get a divorce, the question of how parents will cover their child’s college expenses or even if they will help their child pay for their college tuition is an issue that should be included in divorce negotiations regardless…
Read MoreWhat Happens to My Inheritance in Tennessee Divorce?
You are the favorite nephew of your beloved aunt Thelma, who left you a nice inheritance when she passed away a few months ago. Now you have been served with divorce papers quite out of the blue and you are wondering what happens next. You and your soon-to-be-ex-wife were married when you received the sizable…
Read MoreAlcohol and Drug Abuse Can Affect Alimony Payments in Tennessee
Alimony, sometimes called spousal support, is awarded to a spouse by a judge. Unless you and your spouse have worked out a plan in your Marital Dissolution Agreement, the process of awarding alimony is an entirely subjective one: a judge is not forced to award alimony to anyone. However, if you file under certain grounds,…
Read More7 Questions Smart People Must Ask Before Getting a Divorce
When you go into a divorce fully informed about the process and the challenges you might face, you will feel more empowered. Taking the time to learn about how the divorce will affect you financially can help you plan for your future. There are seven questions you should ask yourself and your lawyer before starting…
Read MoreWhat are the Advantages of Collaborative Law?
It seems as if divorce is always associated with a lot of drama – fighting about who cheated, disagreements about money, who will get the children, and who will get the house – even when there is no drama to be found. What if there was a way that you, your attorney, your spouse and…
Read MoreWhy Don’t More Men Get Alimony?
Although matrimonial laws are not gender specific, the general trend is that if spousal support is paid after divorce, it’s a man who pays it and a woman who receives it. But that scenario does not seem to coincide with the trend of more and more women serving as the higher income earner in their…
Read MoreThe Supreme Court Will Hear Same-Sex Marriage Arguments on April 28
Tennessee has had a ban on same-sex marriage since 1996, and voters approved a constitutional ban in 2006 – but the future of this ban might be in question. On April 28th, the U.S. Supreme Court will hear 2.5 hours of arguments on same-sex marriage in four cases from Ohio, Kentucky, Michigan, and Tennessee. The…
Read MoreJanuary is Considered National Divorce Month
Deciding to divorce is difficult enough for couple, especially those with children. For this reason, many couples choose to postpone their divorce until after the holidays have passed, which makes January a month with some of the highest divorce rates in Tennessee, according to ABC News. But getting divorced in January may not be the…
Read MoreWhat Is Collaborative Law?
Generally speaking, collaborative law is a form of alternative dispute resolution, and is a relatively new way of protecting legal clients’ needs. Instead of fighting a battle in a courtroom, two parties agree not to litigate, and instead allow their lawyers to serve as advocate partners. Its success in resolving conflicts in the areas of…
Read MoreCollege Funds and Divorce: The 529 Investment Plan
Divorce can often be hardest on your children. When you are drafting your divorce settlement, it is a good idea to provide for your children’s educational future in order to avoid conflict and confusion further down the road. In Tennessee, contributions to a college fund must be specified by a court order and voluntarily agreed…
Read MoreParental Relocation after Divorce in Tennessee — How to Do it Right
Sometimes after a divorce you want to shake off the drama and pain and make a fresh start in a new place. You might have received a promising job offer in another state that requires you to move more than 50 miles away from your ex-spouse or co-parent. Under Tennessee law, you must inform the…
Read MoreWhat Does “Contempt of Court” Actually Mean?
If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…
Read MoreTennessee Judge Declares Ban on Same-Sex Marriage Constitutional – and Does So through Divorce Ruling
The same-sex marriage ban has been hotly contested not only in Tennessee, but throughout the country. A recent court case brought the constitutionality of the law back into the spotlight when Judge Russell E. Simmons, Jr., of the Roane County Circuit, denied a same-sex couple’s right to get divorced. The couple was married in Iowa…
Read More