Family Law
Divorce can be very emotional for the parties. When it is contested, it can be even more stressful.
Our representation is based on guiding people through the process. If you can, reflect that divorce, life changing as it is, is in reality an economic process. How you divide up your assets acquired during the marriage and address issues of alimony and child support are the main factors in any divorce action.
Some things you need to think about when dealing with a divorce:
Alimony/Spousal Support
This may be received depending upon a number of factors such as age, education, employment, length of marriage, whether a person stayed at home, etc. The award may be lump sum or periodic payments for a set period of time.
Marital Dissolution Agreement (MDA)
This is a written document signed by both parties which provides for, among other things, the division of property you acquired during your marriage and separate property owned prior to marriage, or gifted during the marriage. The MDA also addresses debts, credit, retirement benefits, alimony and health insurance benefits.
Parenting Plan
If you have children, you and your spouse will have to enter into this document. This plan is court approved. The plan addresses who the primary residential care parent is, sets out visitation, child support, health coverage, and decision-making authority. Any changes to the plan must be in writing. This agreement is usually modified by mediation by the parties before they can go back to court, if you are unable to agree on the changes.
In Tennessee, support is based on income sharing. Both parents’ income is used to determine the amount of support for the child/children. You can look at a worksheet online at the Tennessee Department of Human Services under Income Shares. Child support, once set, can only be modified by court order. Once support becomes due, it cannot be waived by a court, except in the case of a petition to modify.
Couples adopting a newborn or child, or a stepparent adopting his spouse’s child need court approval with an appropriate petition, waivers or consent.
Proceedings in this court will typically be child support, visitation and custody. Income-sharing statutes apply in Juvenile Court. However, visitation has no parenting plan like divorce matters.
Sometimes your children may break the law or become delinquent. If they are arrested, they will be taken to Juvenile Court. Depending on the incident and involvement of your child, you may need the assistance of a lawyer. Call us. We will help you.
