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East Tennessee Family Law Blog

Can my divorce be mediated rather than litigated?

If you are considering filing for a Tennessee divorce, before filing the petition to end your marriage, you may want to consider trying to mediate rather than litigate your divorce.

Mediation is preferable on many different levels. Couples like that it allows them to keep certain details of their split private in a way that divorce cannot. If the spouses hash out the terms of their divorce in mediation sessions as opposed to a courtroom, only the final terms will be reflected in the divorce judgment and not the messy path they took to arrive at those terms.

Assessing your business’s value before divorce

When a business owner faces divorce, the business itself may be in just as much danger of dissolving as the marriage. The laws that govern property division typically consider a business personal property of the owners, meaning that the business may qualify as marital property. Unless an owner takes proper precautions to protect the business from divorce, the owner's spouse may take their share with them when the divorce finalizes.

If you are a business owner in Tennessee with concerns about how your divorce may impact your business, the sooner you address these issues, the better. Even in ideal circumstances where both spouses work together to separate their lives amicably, your business may not survive property division unless you act intentionally to protect it.

Plan now for summer vacation custody arrangements

While it's still spring, before you know it, the kids will be out of school for the summer. This means that now is the time for divorced co-parents to make their summer plans for the care and custody of their children.

If you have experienced this situation before, you may be dreading the series of negotiations with your ex that you must endure to ensure that the kids will be well-cared for this summer. The problem is exacerbated when both parents work and you must coordinate their care with a childcare provider.

My child turned 18. Can I quit paying child support?

Tennessee parents who pay or receive child support should understand that these payments are not meant to be the sole source of funds for the child's expenses. Recipient parents usually realize that they, too, must contribute money to ensure that their child has the best possible upbringing.

Support-paying parents might not understand just how large a percentage of their income the recipient parent spends on the child's clothing, supplies, food, services, medical care and other costs associated with child-rearing. However, it generally takes the combined financial efforts of both parents to cover a child's expenses.

When divorce and bankruptcy collide

One thing that some spouses experience as a result of a divorce is bankruptcy. The relationship actually may have teetered on the brink over finances, as it's reported that 22% of divorces are tied to disagreements over money matters.

It may even be couples at the higher end of the income spectrum who find themselves in the throes of both bankruptcy and divorce simultaneously the most. But these two legal processes should ideally be coordinated so that both spouses reap the most potential benefit.

Have you prepared for your custody mediation?

When the custody of your children hangs in the balance, there is no reason to leave anything to happenstance. Instead, you and your family law attorney should walk into the mediation fully prepared to negotiate for the terms that you want.

If you have chose to mediate your divorce, the following preparation tips may be useful during the process.

Mediation: Why it's important when you divorce

Mediation is an important part of many people's divorces. It's a faster, more supportive way to resolve conflicts instead of turning to the judge for help.

Mediation has a few goals including:

  • Helping you avoid the cost of litigation
  • Reducing the trauma of divorce
  • Creating an equitable and agreeable divorce agreement
  • Minimizing hostility following divorce

How do we split our assets in divorce?

Dividing the fruits of a marriage in a divorce is typically a messy process, although it doesn't have to be. The damage can be mitigated by having a valid prenuptial agreement in place. Even without one, however, couples can still navigate these shoals with equanimity.

Keeping the house can be prudent in some cases, but in others, it can become an albatross around the neck of a newly-single person struggling with the financial and other commitments of home ownership.

How to handle a request for your child to live with your ex

At some point, after your divorce and custody matters have been settled, you may be faced with your son or daughter asking to go live with their other parent full-time.

It may come seemingly out of left field, or more likely, on the heels of a particularly acrimonious argument. The idea may shake you to your core, but it's a common occurrence. Here's what you need to know before you make any decisions about changing the custody arrangements.

  • Communicate freely. Your child may have valid concerns, like a wish to enroll in a better school system. Finding out what led to the request can be illuminating and give you an idea of how to proceed.
  • Empathize with your child. Divorce can be a tough transition to make. Acknowledging your child's point of view doesn't mean that you agree but is respectful.
  • Talk to your ex. They may not even be aware that your child is angling to move in with them. Regardless, they will surely have an opinion on the matter.
  • Share your concerns. If you're worried that mom is too lenient or dad works too long of hours, address these issues with your child. There may be a solution available.

Should you attempt mediation in your divorce?

Some marriages are simply not built to last. Regardless of the path that lead to the marital breakdown, it may be possible to at least salvage some semblance of dignity and privacy during your divorce.

This is especially important when the divorcing couple are parents of minor children. There is no need to let the situation devolve into a scorched-earth scenario where the parties can no longer even pass a civil word between them.

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  • 10 Best Attorney | Client Satisfaction | American Institute of Family Law Attorneys(TM)

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White & White, Attorneys at Law, is committed to working with individuals to help them reshape their lives. Perhaps you need a second chance after getting arrested; maybe you're trying to pull yourself together during a frustrating divorce. Whatever the issue, the experienced lawyers at White & White, Attorneys at Law, are here to help.

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East Tennessee Family Law Blog | White & White, Attorneys at Law