The most common example we see is that decision making for extracurricular activities is designated as “joint.” This means that both parents must agree and consent to the child(ren) participating in an activity. If one parent does not want the child to participate, then the child cannot participate unless or until an agreement is reached
Read MoreCategory Archives: Divorce
What Are Some Common Parenting Plan Schedules In Tennessee
We very commonly see parenting plan schedules that are week-on, week-off, meaning the parents exchange the child/ren once per week, often on a Friday after school. An alternative to this weekly schedule is what attorneys refer to as a “2/2/3” schedule, which means that the parents alternate Friday through Monday morning (weekends), and then one
Read MoreHow is Debt Divided in a Tennessee Divorce?
The court will look at why the debt was incurred, who benefitted from the debt, when and how the debt came to be, and who is better able to pay the debt. Normally, if a debt is tied to a piece of personal property, such as a couch or a laptop, then whichever spouse is
Read MoreWhat is a default in a Tennessee Divorce?
A default is a type of Motion that is scheduled with the Court. A default can only occur after a spouse has been served with divorce papers, and after at least 30 days have lapsed, they have not filed a formal Answer with the Clerk. A motion for default has to be filed and the
Read MoreWhat is Inappropriate Marital Conduct in Tennessee?
Inappropriate Marital Conduct is one of the grounds for divorce in Tennessee. Unless parties have a full upfront settlement agreement on all terms, when one party files for divorce, they have to allege at least one “ground” from the list of grounds found in the statute. However, this is the one that is most commonly
Read MoreWhat is Divorce Mediation?
Mediation is an informal settlement conference used in divorce and custody cases to help resolve disputes outside of the court. Both parties are present with their attorneys, but they are in separate rooms. A third-party, neutral mediator (normally an attorney) goes back and forth between the rooms to help facilitate a settlement. A mediation can
Read MoreHow Does Work Alimony in Tennessee?
The Types of Alimony There are four types of Alimony in Tennessee. Rehabilitative alimony is favored by statute and is intended to rehabilitate the economically disadvantaged spouse so that the spouse can re-enter or move up in the workforce. Transitional alimony is paid for a specific period of time and is intended to transition the
Read MoreHow Does a Court Divide Assets and Debts in a Divorce?
Step 1: Identification The first step is to figure out what the assets and debts are and their values. This may be harder than it sounds. The discovery process (Interrogatories and Depositions) as well as subpoenas can aid this process. Many times, appraisals of real property, jewelry, and/or businesses will be necessary. Items that will
Read MoreWhat is the Contested Divorce Process
Step 1: Hire a lawyer. Your lawyer will draft a Complaint for Divorce, Notice of Injunction, and Summons. If applicable, they may also draft and file: Proposed Temporary Parenting Plan, Motion for Temporary Alimony/Child Support, Motion for Attorneys Fees, or any other applicable restraining orders or injunctions. Step 2: You meet with your lawyer, review
Read MoreWhat is the Agreed Divorce Process in Tennessee?
Step 1: Talk to your spouse about the possibility of divorce and whether an agreement can be reached on asset & debt allocation and co- parenting. Step 2: A Lawyer drafts your financial settlement agreement called a Marital Dissolution Agreement, a Parenting Plan (with accompanying Child Support Worksheet), Final Decree (the actual document that the
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