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Bartlett Tennessee Family Law Blog

The value of legal representation in uncontested divorce

There are two types of divorce in the state of Tennessee: contested and uncontested. Under contested divorce, one spouse may allege wrong-doing against the other, and this claim—if proven— can be used as the grounds for divorce. Contested divorce can be costly—because it often involves litigation—and contentious between spouses.

With uncontested divorce, there doesn’t need to be any inappropriate conduct to qualify for divorce, which therefore tends to result in lower legal fees. If both members of the couple agree that they have irreconcilable differences, then the court can grant a divorce on these grounds. If children are involved, avoiding a drawn-out legal battle can also help create a more amicable continued relationship with your ex.

How to enforce his divorce obligations

The divorce process can be long and painful. It can be both emotionally draining and taxing on your relationships. Reaching an agreement that allows you to begin the next chapter of your life can feel like the light at the end of the tunnel. But be careful as the light at the end of the tunnel could be another train coming in your direction: failure of your spouse to fulfill their divorce obligations.

Types of custody arrangements available after divorce

For parents in Tennessee who are getting a divorce, child custody may take many different forms. There may be either sole, joint legal or physical custody. Legal custody grants a parent decision-making rights about major aspects of his or her child's life, such as health care. Physical custody refers to where the child resides.

With joint custody, the children might go from one parent's house to the other person's home every week or few days. In what is sometimes known as bird's nest custody, the parents go back and forth while the children remain in the family home.

Answering your questions about an uncontested divorce

There are options for divorcing couples these days that go beyond a courtroom fight. Divorce doesn't necessarily mean going to battle before a judge as spouses fight for every little thing. The process doesn't have to take months to years to complete, and it doesn't have to nearly bankrupt both spouses either. Some couples are just looking to end their marriage as quickly and efficiently as possible.

Welcome to the uncontested divorce. Any questions?

On the divorce process, and how you can improve your situation

If you are going through a divorce, there will be various waves of emotions that come over you at any given moment. There will be fear and anger, sadness and pain. There will also be hope. The divorce process doesn't have to be this arduous and difficult legal procedure that sees the two spouses yelling at each other incessantly every time they meet to discuss the topics at hand.

To the contrary, a divorce can be very efficient, and even healthy. If the two spouses are willing to work together and can adopt a few simple strategies, the divorce process can be rather quick and painless.

Stepparent visitation after a divorce: What can you do?

You’re part of a blended family, something that has become more increasingly common today. You’ve married a woman who has a son, and now you, too, have gained a son – a stepson.

But after nearly 10 years, your relationship with your spouse has soured and now you’ll be divorcing.

The top five reasons couples say they got a divorce

Every marriage poses its unique challenges. Some challenges can end the relationship and eventually may lead to a divorce. So you may be wondering, what are some reasons that couples get divorced? The National Institute of Health conducted a study in 2013 where they asked couples to explain why they got a divorce.

Here are the top five reasons the couples gave to explain why their marriage failed.

Let a QDRO help you save retirement money

The first few months of a new calendar year can be a time when many couples in Tennessee make the decision to end their marriages. If you are in this position in 2018, you will want to learn about the ways in which you may be able to protect yourself financially. While certainly there may be no way to completely avoid some financial losses, there is definitely one way that may help to minimize what could be lost.

As the United States Department of Labor explains, a qualified domestic relations order is something you should be aware of if you must split your 401K account or other employer-sponsored retirement fund with your future former spouse. In most cases, if you take money from a 401K fund for reasons other than retirement, you must pay early withdrawal fees as well as income tax on the money you receive. In the case of a divorce, if you simply took out the money to be paid to your spouse and provided that to them, you would be forced to pay the penalties and taxes, reducing what you have left for retirement.

How will a divorce affect my 401(k)?

Individuals seeking a divorce tend to have a lot of questions about what happens to their property: who gets what, and how is the property divided equitably?

This may be of particular concern to those with a 401(k). How will retirement savings be affected in divorce proceedings?

How are child support payments determined in Tennessee?

The tensions that may still exist between you and your ex-spouse following your divorce in Bartlett might make it easy to suspect that he or she will try to somehow punish you by asking for an inordinate amount of child support. Fortunately, it is the state that determines your child support obligation. Tennessee follows the "income shares" model when it comes to the payment of child support, which means that payments are calculated based off two factors: yours and your ex-spouse's net incomes and the number of children you have. 

When determining your net income, the court considers all money made through:

  • Salaries and wages
  • Tips and commissions
  • Pensions and retirement plans
  • Unemployment or Social Security benefits
  • Capital gains on investments
  • Alimony from a previous marriage
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