FAQ

We will get you an answer!

Although we have now practiced law for over five decades and have a wealth of experience and knowledge there are times when we don’t have an answer. When these rare times come up we are always forthright with our clients and let them know we don’t know but we will work hard to get them an answer or if needed refer to them onto another specialist.

How does the law in Tennessee HANDLE the division of property in a divorce?

Tennessee is an equitable distribution state, which means  the court decides who gets what based on its idea of fairness. There are many factors the court considers, including the length of the marriage, how the property was acquired and the health of each spouse. If you don’t want the court deciding what’s fair, you and your spouse can negotiate a property settlement and present it to the court for approval. Such settlements are generally accepted by the court unless it suspects there’s been fraud or the result is so one-sided it would be unreasonable to enforce.

My SPOUCE and I are divorcing. Out of the blue I AM accused of abuse. How will that impact our divorce?

Abuse is one of the fault grounds for divorce. The court may also consider it when dividing marital property, assigning child custody and visitation. When and if this occurs you should immediately contact a domestic relations attorney to assert your rights and protect your good name.

More often than not my ex-spouce keeps canceling my visitation telling me my son doesn’t want to see me, but I think she’s putting the idea in his head. What can I do to see my child?

It is a violation of your rights for your ex to interfere with your visitation schedule. Even if your child is reluctant to see you, it is your ex-spouces obligation to enforce child visitation. If needed you can petition the court to enforce this order.

I was ordered to pay child support and alimony, but I have just lost my job. My ex says she’s going to report me as a deadbeat dad. What can I do?

When one party’s financial circumstances change substantially, either party to the support order can petition the court for a change or modification. You may be able to get a temporary stay, to avoid being labeled a deadbeat. When you’re working again, you may have to make up for missed payments. If your salary at your new job is substantially lower that your old job, the court may be willing to make a permanent modification that will reduce your child and spousal support payments.

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