DIVORCE AND PATERNITY

PRACTICE AREAS FOR DIVORCE AND PATERNITY

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Below is just a brief description for the practice areas.  There is no substitute for the advice of an experienced family law attorney.

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DIVORCE, includes these issues for determination:

• EQUITABLE DISTRIBUTION OF MARITAL ASSETS AND DEBTS

  • Determination Of What Are "Marital" Assets/Debts And "Separate" Assets/Debts

  • Factors To Determine Equitable Distribution

  • Contribution To Separate Assets

  • Valuation Of Assets And Effects On Distribution

  • Forensic Accounting

  • Financial Records Needed To Determine Equitable Distribution

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Equitable Distribution involves the division of assets and debts.  Dividing property in a divorce is more complex than it may seem. First, careful study and research are necessary to be sure that all property is considered.  This can be accomplished informally, either by exchanging information through voluntary disclosures and corroborating sources, or after aggressive, thorough, formal discovery investigating the origins and/or sources, uses, and values of assets and debts.

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Next, property must be categorized as either marital or separate. Generally, property acquired during the marriage is presumptively marital property, while separate property includes property owned by a party prior to marriage or acquired as a gift or by inheritance. Usually, each party keeps his or her own separate property, while marital property will be divided.

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Divorcing spouses may enter into a Marital Dissolution Agreement to distribute the assets and debts acquired during the marriage. If the parties cannot reach an agreement before trial, the court will make an equitable division of the marital property and debts. Equitable distribution does not always mean that it will be equal. The court’s decision will be based upon the factors set out in the statutes and case law and what the court believes to be fair based upon the evidence presented and the history of the marriage.

At times, it may be necessary to discover assets that one spouse has hidden in order to gain an advantage in divorce proceedings. There are tools and sources to use to find and account for all such assets to ensure an equitable distribution of all property.

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• ALIMONY/SPOUSAL SUPPORT

  • Factors To Determine

  • Temporary Alimony​​

  • Rehabilitative Alimony

  • Transitional Alimony

  • Alimony In Futuro

  • Alimony In Solido

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Alimony/spousal support, is a legal obligation for one spouse to financially support the other after (and sometimes, during) a divorce. If one spouse makes significantly more money than the other, or if one has given up career opportunities for the marriage, or fallen ill, or experienced a disability, the economically disadvantaged spouse may need support to keep a reasonable standard of living.

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Whether the court will order spousal support depends upon a variety of factors, including length of the relationship, contributions to the relationship (i.e. raising children, maintaining the household, economic contributions), relative fault (i.e. infidelity) and agreements you made with your spouse. The court also considers age, education, skills, and other issues that affect your and your spouse’s chances of finding or maintaining employment. The most important factor the court will take into consideration is the economically advantaged spouse’s ability to pay and the requesting party’s financial need.

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In Tennessee, there are four different categories of alimony that may be awarded by the court at the resolution of your case. Depending on the circumstances of your family and your divorce, the court may award one or a combination of more than one type of alimony.

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Transitional alimony is short term alimony that is given to allow a spouse to make the economic transition from married to single life. This may involve funds that will allow the economically disadvantaged spouse to pay for housing and expenses for a period of time.

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Rehabilitative alimony is short term alimony that is given to allow a spouse to improve his or her employment opportunities and/or earning potential, i.e., to let the spouse go back to school or get additional job training.

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Alimony in solido, or lump sum alimony, is granted when it is appropriate for one spouse to pay out a lump sum amount to the other spouse or when the family’s finances allow for such an arrangement.

Alimony in futuro, or permanent alimony (until death of the payor or remarriage of the recipient) is sometimes granted in cases involving long term marriages or special cases involving significant disability.

If the economically disadvantaged spouse needs financial assistance during the pendency of the divorce proceeding, under limited circumstances the court will award alimony pendente lite, (also called “temporary alimony”) in which the payor may be ordered to contribute to the payment of monthly expenses of the disadvantaged spouse during the divorce proceeding. The court will again look primarily to the ability to pay of one party and the financial need of the requesting party.

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SPOUSAL SUPPORT MODIFICATION

When spousal support has been ordered in a divorce, there are certain circumstances in which the amount of support can be terminated, reduced, or increased. Those circumstances may include one of the parties remarrying or cohabitating with a third party, or a substantial increase or decrease in one of the parties’ earning potential.

In order to modify an existing order for spousal support, a petition must be filed with the court setting forth the reasons for the change. If the parties cannot come to an agreement out of court, a judge will make that determination in a hearing.  

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