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Blog Posts - Divorce

Can a Divorce Affect My Retirement Funds?

Property division is a contentious issue in divorce, and it affects some retirement funds. Divorces among older people and retired people are becoming even more common these days and one of the most debated issues in these cases can be retirement funds. Younger individuals who are getting a divorce should...

Divorcing an Addict in Tennessee

Addiction places an incredible strain on a marriage and there are some important considerations if it leads to divorce. An addiction to drugs or alcohol does not only affect the person suffering from it, but the entire family. For many, the problem may become so difficult that it results in...

How Many Years Do You Have to be Married to Get Spousal Support?

At the time that a couple divorces, there are usually a number of issues that will need to be resolved before the divorce can be finalized. For example, couples will need to make determinations about how to divide property and pay debts, where shared children will live, and whether or...

Does a Trust Protect Assets in a Divorce?

At the time of a divorce, couples who are parting ways must work together to make a decision about the division of marital property. While this may be simple and straightforward for some couples, for others, it can be very complicated. Making a determination about property division is complicated even...

Is There a Benefit to Filing for Divorce First in Tennessee?

Individuals considering divorce may find a benefit when they file first. Individuals sometimes consider divorce for a long time before they actually file. Sometimes, while they are still considering the situation, their spouse files for divorce first, which could in certain situations give the spouse an advantage during the divorce...

Common Myths About Tennessee Divorce

Franklin divorce lawyer explains some realities Divorce can be such a contentious and emotionally heightened process, and a lot of misinformation can easily be spread. You or your spouse might spread misinformation to the other, and well-meaning friends and family can share misinformation with you, about what to expect from...

Why is My Marriage Failing? Top Reasons

Franklin divorce lawyer discusses the leading causes of divorce and the legal impact I’m Judy A. Oxford, and from handling divorce cases for many years, I’ve seen most everything. I’ve heard from people who decided they wanted a divorce because their spouse became too religious, as well as people who...

Can Grandparents be Banned from Seeing Grandchildren After Divorce?

Franklin divorce lawyer helps grandparents protect their rights In a typical divorce, only the two spouses would be likely to go to the mat over issues like child custody or child support. But there are many more people involved in a child’s life, including their grandparents, aunts and uncles, cousins,...

Strategies for Divorce Success

When you are served with divorce papers – or if you are the one filing for divorce — it is common to feel overwhelmed, confused, upset, and completely unsure of what to do first. But by taking a few key steps, and implementing some strategies for divorce success, you can...

Why Hiring a Divorce Attorney Will Save You Time and Money

Franklin divorce lawyer explains the perils of online and DIY services Divorce is notoriously expensive. You may have seen that old bumper sticker that says, “Marriage is grand, but divorce is Fifty Grand.” Not only is it hard to drop from two incomes down to one, and take on the...

How Marriage and Divorce Affects Your Estate Plan

Franklin divorce lawyer explains the legal issues; you may need updates to protect your assets Hopefully, you have an estate plan in place, no matter how old you are or how many assets you think you have. Even a simple will can help to ensure that your money, home, and...

Considering divorce? Critical first steps to take

Skilled Franklin divorce lawyer explains how to prioritize the process and why it matters Divorce usually blindsides you. Even if you were the one who made the decision to divorce after months or even years of deliberation, it’s still an emotionally devastating decision. You may be reeling from the decision...

Why You May Need Legal Guidance After Divorce

Franklin divorce lawyer explains why it might not be over when the divorce decree is signed Divorce can be a long and grueling process – emotionally if not logistically – and when it’s over, you just want it to be over. You don’t want to have to revisit that fight,...

Is My Spouse Hiding Assets?

Franklin divorce lawyer shares some signs, explains how you can prevail in court I’ve been a practicingdivorce lawyer in Franklinfor many years. In my practice, I have talked with many clients who feel like something just isn’t right when they review their finances with their spouses. It’s usually a wife...

Why You Need a Skilled Divorce Attorney

Franklin divorce lawyer explains how representation can make or break your case There is a lot of information online letting you know how to file for your own divorce in Tennessee. There are even forms available that you can fill in, print out, and file yourself. Because divorce can be...

What are the Tax Implications of Divorce?

Experienced Franklin divorce attorney outlines what’s at stake? By the time you start the divorce process, you may have thought about a lot of things in detail, such as who will keep the house or how you will split the profits if you decide to sell it, how you will...

Can You Sue a Home Seller for Undisclosed Defects in Tennessee?

Work with an experienced Franklin real estate lawyer to protect your rights When you buy a home, you are making a major investment. If you are buying the home for yourself, you likely plan to live in it for a long time. But even if you aren’t buying the house...

Who Can Claim Property Based on Adverse Possession in Tennessee?

Franklin real estate attorney explains what you need to know about the law You may be surprised to learn that the neighbor who has planted a flower bed on part of your property and who keeps mowing part of your lawn every week may actually have a claim to your...

Adultery in Tennessee - Does Cheating Affect Alimony?

In Tennessee, you can file for an irreconcilable differences divorce so long as you and your spouse both agree that you simply can’t work out your differences and you no longer want to be married. But you can also file for divorce on the grounds of fault, and one of...

Common Divorce Mistakes You Should Avoid

Franklin Tennessee divorce attorney explains how to protect your rights and get the most from your divorce You are not a divorce expert. Why would you be? Unless you went to law school and focused on divorce for your practice area, you have no reason to know the ins and...

The Tennessee Divorce Process from Start to Finish

Franklin divorce attorney explains why you need a savvy legal advocate on your side After making the decision to file for divorce, many people want to get on with it as quickly as possible. However, most are unclear about exactly what must happen to divorce, so they don’t understand how...

How Long Does it Take to Get Divorced in Tennessee?

Franklin divorce attorney explains the rules and what to expect Once you decide you decide to divorce, you may want it to be final as soon as possible. You may want to cut ties and move on with your new life quickly. Even if your split was amicable, you may...

Is Tennessee a No-Fault State When it Comes to Divorce?

Franklin divorce attorney explains the unique laws in the state Some states are called “no-fault” states when it comes to divorce because they do not require that you prove there was some reason for the divorce, such as that your spouse committed adultery or abused you. All you have to...

Should You Date While Legally Separated in Tennessee?

Franklin divorce attorney explains the dangers of dating before divorce is final Divorce can drag on for a long time – sometimes even years. Often, the marriage is over long before divorce proceedings even begin. So many people are ready to start dating again before the divorce is final. Since...

If I File for Divorce First, Does it Help My Case?

Experienced Franklin divorce attorney explains how it can have an advantage Divorce can often feel like a battle. Just like in a battle, whoever strikes first can sometimes have a strategic advantage. In a divorce, that first strike is filing for divorce. You both already know that it’s coming –...

Digital spying on the rise in divorce cases, but is it legal?

Franklin divorce attorney explains how to stay out of legal hot water and protect your rights A recent NPR story looked at the rise of digital spying among divorcing spouses and talked to a panel of experts about what the law allows. All the experts agreed that they are seeing...

What do you do if your spouse dies in the middle of a divorce?

Divorce is complicated enough as it is. But what happens when your spouse suddenly dies before the divorce has been finalized? Not only do you deal with the social confusion about how to behave – are you the grieving widow? what if your spouse was already in a new, committed...

Is Property Split 50-50 in a TN Divorce?

Franklin divorce attorney explains nuances of equitable division of assets In Tennessee, marital property must be divided equitably. That means that if you buy a house while you’re married, you and your spouse are both entitled to the equity in that home. But that doesn’t necessarily mean that you will...

Avoiding These Key Mistakes Means an Easier Divorce

Most people aren’t experienced at divorce. Even if you have been divorced before, the process is so emotionally-charged and at times, frustrating. As an experienced Franklin divorce lawyer, I have helped hundreds of individuals weather the storm of divorce. With my experience and legal savvy, I help clients learn what...

How Does Divorce Later in Life Affect Retirement?

You likely got married with the idea that it would be for good. You worked together to build for your future, perhaps buying a home, investing in rental properties, and investing in retirement accounts. But things change, and the marriage that may have made you so happy before may now...

Is There a Current Trend of Divorce after Decades of Marriage?

We celebrate when couples celebrate a 50th wedding anniversary. We look to these couples for clues on how to make a marriage work. We see them as examples of the staying power of love. But, it turns out, some of these couples may just be counting down the time to...

How is Divorce Handled for Parents of Special Needs Children?

Franklin divorce attorney explains special considerations in these cases Children with special needs get special consideration in a divorce. These children may need to get many types of services or medical care, ranging from “simple” services like speech therapy and tutoring to intensive care like full-time, in-home care from a...

Does Cheating Impact a Divorce Settlement in Tennessee?

Franklin divorce attorney helps clients affected by adultery get what they deserve Finding out that your spouse is cheating on you can be devastating. Some couples try to work through the crisis and save their marriage, but many call it quits after they learn that a spouse has been unfaithful....

What Business Owners Need to Know When Filing for Divorce in Tennessee

Franklin divorce lawyer helps business clients protect themselves after marriage ends Everything you acquire while you are married becomes subject to division when you get divorced. (If you have a prenuptial agreement, then this article most likely does not apply to you). Even if you owned property or a business...

The Difference between Annulment and Divorce

Franklin divorce lawyer explains what you need to know to protect your interests Divorce is such a complex and emotionally draining process. You have to sort through everything you own and determine who gets what. You have to dissolve all your joint accounts and change over all your beneficiaries. You...

What to Do Before Telling Your Spouse You’re Filing for Divorce

How to protect your best interests and reduce stress during an already emotional and challenging time The decision to end a marriage is rarely an easy one and often comes after significant soul-searching and introspection. The divorce process can be both emotionally and financially stressful and may also involve time-consuming...

Things to Consider When Divorcing a Business Partner in Tennessee

Experienced Franklin TN business lawyer explains legal issues involved Divorce is complicated even when you have just a home between you. Throw in a business, and things can get very contentious and very sticky fast. One partner may not want to give up the business, or one partner may not...

Uncovering Hidden Assets in a High Net-Worth Divorce can be Tricky

An experienced Franklin divorce lawyer explains what’s involved To achieve fair and equitable division of property and other assets during your Tennessee divorce, you must first know exactly how much you and your spouse have together. This can include real estate such as your marital home or rental properties, vehicles,...

Why You Need a Tennessee Divorce Attorney

Experienced Franklin divorce lawyer helps you understand what’s at stake in these cases There are plenty of kits that promise to help you file your own divorce, as well as plenty of information online to tell you how to do it yourself. However, no kit can help you negotiate for...

What Happens to Debt in Divorce?

An experienced Franklin divorce attorney explains your legal rights and obligations You have marital property in marriage, but you also have marital debt. Just as you have the right to a share of any assets acquired during your marriage, such as your home and your investments, you also have the...

Why a Prenuptial Agreement Makes Sense

Tennessee couples who are planning to get married should learn the many ways that a prenuptial agreement can help them. When considering plans for a wedding and future together, a prenuptial agreement may not be the first thing that comes to the minds of Tennessee residents. However, it really should...

Prenups and Enforceability

On sitcoms and soap operas, when the day before the big wedding arrives, a high-powered male will whip out a piece of paper – usually at the urging of his over-bearing mother – and demand that his wife-to-be sign a prenuptial agreement that will leave her penniless if she divorces...

Mitigating the Stress of a Divorce Through Mediation, Collaboration

Divorcing couples often don’t realize that the law allows other avenues to resolve a divorce than just traditional litigation. Mediation and collaboration can be much less stressful and expensive. Married couples who decide to divorce often believe that what’s ahead is a stressful, costly experience that will leave them exhausted...

Making Visitation Work After Divorce

Whether or not a divorce has been contentious, ultimately families must continue with their day-to-day lives. However, if children are part of the equation, post-divorce complications can erupt with regard to visitation; but fostering beneficial parent-child relationships does not have to evolve into a new battlefield for estranged couples. Continuity...

How Property and Debt are Divided in a Tennessee Divorce

Tennessee law about property and debt division in divorce is complex and based on fairness. Anyone facing divorce is concerned about how property will be divided and who will be responsible for debts. Tennessee divorce law governing property and debt division is fairly complicated as compared to that of other...

Five Ways Tennessee Residents Can Protect Retirement During Divorce

The deeply emotional nature of a divorce can make it difficult for Tennessee couples to keep a clear head and eye on all of the things that need to be accounted for or divided without making errors that leave one in an unnecessary bad situation. Whether retirement is decades or...

Divorce Rate On the Rise for Those Over 50

Recent celebrity divorces – such as the split between Danny DeVito and Rhea Perlman, after 30 years of marriage – have once again focused attention on the increasing number of so-called gray divorces in the United States. The term “gray divorce” is used to refer to splits between couples over...

Contentious Alimony Case Overturned by Tennessee Supreme Court

A recent decision by the Tennessee Supreme Court overturned an earlier Court of Appeals decision to award lifetime and lump sum alimony to a Hendersonville woman. Johanna and Craig Gonsewski divorced in 2009 after 21 years of marriage. Both were college educated and held stable and well-paying jobs. In the...

What happens to retirement plans in a divorce?

When couples in Tennessee decide to end their marriage, one of the first questions they ask is what happens to our retirement plan (or plans, if both spouses have one)? As with all questions of property division, the parties themselves can resolve the question by entering into an antenuptial agreement...

Having the right lawyer can help prevent divorce fraud

Almost all divorces in Tennessee involve some degree of stress, and some involve a very high degree of stress. For some couples, solving issues regarding parenting, such as physical custody and visitation, can be especially difficult. For others, alimony can be problematic. Couples with a high net worth will spend...

Location of divorce may affect property division

For most couples living in Tennessee who are seeking a divorce, the issues in the divorce – child support and custody, alimony and property division – will be decided by the courts in this state. But some wealthy couples have more than one residence, and this fact can complicate a...

Dividing a 401(k) plan in a Tennessee divorce

For many Tennessee couples, a retirement plan is their most valuable asset. Some couples will forego other forms of retirement investment or savings and instead invest in an employer-sponsored plan that also draws employer contributions. If a couple has been married for many years and has been contributing to the...

Valuing a professional practice in a divorce

Dividing assets in a Tennessee divorce can be relatively simply if the value of the assets can be readily ascertained. For example, real property can be appraised. The value of stock in a publicly held corporation will depend almost entirely on the price at which the stock trades. In contrast,...

Mediating property division in a divorce

Dividing property can be one of the most difficult issues in a divorce, especially in those cases where the parties have accumulated significant assets during the marriage. Tennessee law requires the divorce court to order the parties to participate in mediation to resolve their differences, including the division of marital...

Dividing property in a Tennessee divorce

A divorce in Tennessee can involve many emotionally and financially difficult issues, including custody of minor children, payment of spousal maintenance (alimony) and property division of the couple’s assets. If a couple cannot agree on the resolution of these issues, the court will impose its own solution based upon the pertinent...

Miscellaneous tax questions concerning divorces

In our last post, we reviewed the income tax consequences for persons in Tennessee of an order for dissolution of the marriage that requires one spouse to pay alimony to the other. In this post, we want to cover several miscellaneous tax topics regarding divorce that do not by themselves...

How QDROs divide retirement plan benefits in Tennessee divorces

One of the most complex property division issues in a divorces is allocating benefits from the retirement plan of one or both spouses. The question becomes especially difficult if both spouses have been employed and have contributed to their respective retirement plans or if one spouse has an especially lucrative...