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East Tennessee Family Law Blog

How do the courts split a home in a Tennessee divorce?

When you have accumulated a lot of assets during your marriage, it's only natural to worry about what will happen to them in your divorce. In some cases, higher assets could motivate your spouse to try to hide assets from you and the courts. In other cases, you may simply struggle to understand the proper valuation for many unusual assets. One asset, in particular, receives a lot of focus in the average divorce.

Your marital home likely represents a substantial amount of your income during your marriage. The equity in your home may be the single largest asset you share, other than retirement accounts or business ownership. It's only natural to worry about how the courts will handle the process of dividing your home in a divorce.

Debunking common divorce mediation myths

Scenario one: You and your spouse are headed for divorce in what is sure to be an ordeal fraught with conflict. The very thought of enduring the divorce causes your emotions to soar to nearly out of control levels. You are certain you have little if any control over what is about to happen.

Scenario two: You and your spouse are planning to sever your ties. You have done your homework and learned that in Tennessee, you and your spouse must try to find a resolution through divorce mediation first. Considering what is about to happen, you feel relatively calm about your situation.

Family law attorneys and child support issues

To put it mildly, it is a challenge to provide for the children of today's modern world. Expenses are high and children have many basic needs that you must address. As a family-operated law firm, we understand the financial issues associated with raising children in Tennessee on both a professional and personal level.

Intact families that enjoy two incomes within a single household can experience financial struggles just as anyone else can. However, divorced families maintaining separate households typically have the hardest time making ends meet. In these types of family dynamics, child support is not a luxury; it is a true necessity.

When you think your child is harmed by court-ordered visits

If you are a divorced parent sharing custody with your ex, you already know how gut-wrenching it can be to share child custody. Now, imagine how difficult it would be to let go of your kids if you believe they suffer harm by these visitations. As you may imagine, the fear and anxiety can overwhelm a parent.

In many cases, a parent's fear about visitation time with the other parent is not justified. Rather, it is a natural response to relinquishing care or control of the child. In your mind, you are the best person qualified to care for and protect your child, which makes it extremely difficult to let go of him or her.

How can I avoid making mistakes in a high-asset divorce?

Any divorce could take an unexpected turn from amicable to hostile, even with spouses who begin on the friendliest of terms. This may happen because the issues surrounding divorce are so important to the people involved. Matters related to children usually top the list as the main cause of contention, but financial matters can also lead to conflict.

This is especially the case in a high-asset divorce because the stakes are so high. Both spouses want the property division settlement to be as fair and balanced as possible. However, many times each spouse has a different idea of what a fair and balanced solution really is.

Enforcing your rights as a grandparent during a TN divorce

There are few things as heartbreaking as watching your child go through a divorce. After all, when your kid decided to get married, you probably hoped that the relationship would last for life. Sometimes, however, that just isn't how things work out. Now, in addition to trying to support your struggling child, you also have to grieve your own losses.

Not only are you out a son-in-law or daughter-in-law, in many cases you could find yourself cut off from access to your grandchildren. If your child's ex has full custody and a heart full of resentment for your family, you may not have a chance to talk to, visit with or see your grandchildren. Thankfully, the state of Tennessee recognizes that the best interests of the children in many divorces involves a continued relationship with extended family members, including grandparents.

Does divorce mediation cost more than traditional divorce?

As far too many Tennessee residents have discovered first hand, litigating a divorce can mean spending many thousands of dollars. While divorce mediation is certainly not free of expenses, those who opt for this solution can save a lot of money. However, most attorneys would take this opportunity to tell potential clients that cost alone is not always a factor in choosing how to approach an impending divorce.

In addition to reduced costs, divorce mediation offers couples several valuable benefits. These advantages include the following:

  • Divorce mediation typically proceeds faster than litigation
  • Mediation is usually confidential and can protect the privacy of the divorcing couple
  • Often, mediation leads to more cooperation when settling important matters like child custody and support
  • The more informal setting of mediation facilitates better communication and engagement between parties
  • Most couples report achieving excellent results through divorce mediation

Tennessee child custody: There is no quick fix for families

As family law attorneys, here is one of the most common and most distressing questions we must often answer. Is there an ideal child custody arrangement that we can use for our family? It is a common question because parents want the best for their children. It is a distressing question because the answer is no, there is not a single custody arrangement that works for all families.

Every family, every marriage, every divorce and every child are all different and unique, which means that every child custody solution is also unique. What works for one family may not work for any other family in Tennessee. This is why taking a personal approach to creating child custody plans usually works out well.

There are many things to consider when it comes to child support

Getting a divorce is often overwhelming despite the support our family and friends offer. Getting a divorce with dependent children makes the event even more traumatic. The good news is that it will be over one day, leaving all involved free to make a fresh start.

Even though there is a light at the end of the tunnel, you and your spouse must deal with issues involving your children before that time comes. Child support is one of these issues and it is a big one.

Why mediate a divorce? Here are 6 reasons

If you are splitting with your spouse but don't want to go through the drama of a divorce, you should understand that there are other options out there that are available to you.

Mediation is one of them. Below are some reasons to give mediation a try.

  1. It's cheaper. Instead of shelling out retainers for two attorneys, spouses can pay a single mediator.
  2. It is more confidential. Except in rare, highly-publicized cases where the records are sealed, divorce files are public records that anyone with the time and inclination can peruse at the courthouse. With mediation, there are no public hearings in a courtroom full of strangers. Mediation is done privately in an office or even via Skype or teleconference.
  3. You remain in control. There is no judge ruling over your agreements. It's just you, your spouse and the mediator hashing out the details until you reach accord.
  4. Resolution is usually much quicker. Divorces can drag out for years. You have to wait for your court date, and both attorneys have to coordinate busy calendars with the judge, who is also carrying a full caseload. With mediation, once you decide on the terms, it's filed and finished.
  5. You have more flexibility. Mediators will work around your family's schedule, often agreeing to meet on weekends or evenings.
  6. It spares the children unnecessary conflict. In contested custody battles, the kids may be subjected to interviews with counselors who will question them about their home life and preferences for living arrangements. This is stressful and can make children feel like they are taking sides against one parent.

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