Divorce
College 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 MoreModernizing the Parenting Plan
Are you divorced with children? There’s an app for that. Actually, there are several apps for that. While divorce can be a difficult time for a family, technology makes it a little more simple. Modern technology can help minimize conflict and make it easy to communicate ― critical concepts after a divorce involving children. Establishing…
Read MoreHow Long Will My Divorce Take?
Once you’ve made the difficult decision to divorce, you may wonder just exactly how long the whole divorce process will take from start to finish. That is a good question, but one for which there is no uniform answer. Many different factors can speed up or slow down a divorce. Some of those factors are…
Read MoreTelling Your Children You Are Getting a Divorce
The end of a marriage is always difficult, even when the two parties involved have come to a mutual agreement. For children, however, the news can lead to unexpected responses, so it is understandable that parents may feel nervous or reluctant to speak with them. When the time comes to tell your children, there are…
Read MoreTips for Successful Co-Parenting
When parents separate and divorce they remain connected through their children. Most parents retain a strong desire to remain active in the lives of their children even when the marriage ends. It is not always easy to co-parent with a former spouse, but doing so is in the best interest of your children. Here are…
Read MoreLooks Like Arizona’s Bill Had an Impact on Tennessee Couples, Too
When Jan Brewer vetoed a bill that would allow businesses to deny service to same-sex couples based on the business owner/operator’s beliefs, a lot of people breathed a collective sigh a relief – though not for collective reasons. Now it appears that Tennessee lawmakers have jumped on that bandwagon, postponing the debate over Senate Bill…
Read MoreEven if You Keep the House, You May Be Able to Split the Mortgage
When a couple divorces in Tennessee, the judge splits the assets of the marriage – property, retirement accounts, cars – in a way that is equitable, though not necessarily equal. This ensures that each party is treated fairly in the eyes of the law. Because the last few years have been a difficult time for…
Read MoreFactors the Court Considers When Dividing Marital Property
Is your marriage coming to an end? Before you and your spouse can part ways, certain issues must be addressed, including custody, alimony and the division of marital property. If you and your spouse are able to cooperate during your divorce, you can divide your assets however you see fit. However, if you are unable…
Read MoreFive Key Changes to Make to Your Estate Plan After Divorce
The immediate aftermath of a divorce can be a trying time. There are many things you need to take care of and the tasks can be daunting and overwhelming. While updating your estate plan may not be at the top of your list, picture this ― your loved ones involved in a lengthy court battle…
Read MoreProtecting College Funds From Divorce
Many parents have college funds set up for their children where they contribute money each month to head off the overwhelming costs of college when the day comes. But you may wonder what happens to a college fund upon divorce. Can your spouse cash out your child’s plan early without your consent? College savings plans…
Read MoreQDROs: What You Need to Know
In many marriages, the retirement accounts that the spouses own are some of the largest financial assets in their portfolio. When the couple divorces, numerous questions arise as to how to equitably split up the retirement accounts and, in fact, whether it can be done at all. The answer is that the retirement accounts can…
Read MoreDivorce Mediation FAQs
Divorce mediation is the process by which a specially trained neutral third party (the mediator) meets with a divorcing couple to help them resolve their disputes without having to go through a court trial. The mediator can help the couple decide issues such as distribution of property, taxes, child support, and child custody or parenting…
Read MoreToughing Out the Transition During and After Divorce
While the legal process involved in a divorce can be lengthy and stressful, the effects of divorce away from the settlement table can be even worse. After filing for divorce, you may mourn the loss of a spouse and companion as you struggle to adapt to a new lifestyle. After the final divorce decree is…
Read MoreKnowing Your Options: Legal Separation vs. Divorce
In Tennessee, couples have two options: divorce or legal separation. Which option is best? The decision between divorce and legal separation depends on your personal situation. In a divorce, all marital rights are terminated. A divorce is only declared on grounds or irreconcilable differences (known as no-fault divorce). There are many grounds available including: Abandonment…
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