White & White, Attorneys at Law FindLaw IM Template2024-03-06T20:23:57Zhttps://www.thewhiteandwhitelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1100418/2019/08/cropped-site-identity2-32x32.jpgOn Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512732024-03-01T20:25:17Z2024-03-06T20:23:57ZPain and suffering
This legal term usually refers to the physical or mental stress resulting from an accident. In personal injury cases, people sometimes receive compensation for their subsequent anguish. However, divorce is different. The focus of these trials is on ending a marital union and addressing attendant issues like property division, child custody and spousal maintenance.
In most instances, you cannot include pain and suffering in a divorce. The purpose of these proceedings is to legally dissolve the marriage and settle related matters, not to address the psychological impact of the relationship.
Legal alternatives
Although you typically cannot sue for pain and suffering within the divorce itself, there may be other legal actions you can take. For instance, situations involving domestic violence or verbal abuse might lead to a lawsuit where the issue of pain and suffering could be a central feature.
Focusing on the future
Whatever your circumstance, it is wise to concentrate on the legal aspects of the divorce and look for healthy ways of coping with its impact. Support from friends, family or mental health professionals can help manage the strain. These individuals are also often able to help settle decisions regarding life changes.
Although the legal system typically does not allow including pain and suffering as part of a divorce, mistreatment may play a role in a separate trial. Before asking a judge to award such damages, consider seeking an order of protection.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512692024-02-21T04:19:51Z2024-02-22T04:19:30ZAcquisition contribution
One primary consideration is each spouse's contribution to acquiring the property. If one spouse purchased the home prior to the marriage, the court may deem it separate property and award ownership to that spouse. However, if the property's purchase or mortgage payments occurred during the marriage, it is often regarded as marital property subject to division.
Primary custody
In cases involving children, courts may prioritize the parent who will have primary custody. They often lean towards awarding the marital home to the custodial parent to provide stability and continuity for the children. This decision aims to minimize disruption to the children's lives during a tumultuous time.
Financial capability
Financial circumstances play an important role. If one spouse has greater financial means or resources to maintain the home, they might receive possession, particularly if they can buy out the other spouse's share or afford mortgage payments and upkeep.
Fairness and compromise
Ultimately, courts seek a fair resolution that considers each spouse's needs and contributions to the marriage. Negotiation and compromise outside of court can offer more flexibility in determining who retains the home, allowing both parties to have a say in the outcome.
Knowing what courts consider when deciding who gets the home can help couples going through a divorce understand the process better and make it fairer for everyone involved.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512672024-02-15T22:41:28Z2024-02-16T22:41:20ZFinancial changes
One primary reason to reconsider child support payments is a significant change in financial circumstances. If your ex experienced an increase in income since the original child support agreement, it may be appropriate to revisit the amount they are paying. Tennessee law allows for modifications to child support orders if there has been a substantial and material change in circumstances.
If you lose your job, it is possible your ex could pay more in child support. It depends on the specific circumstances of your case and the decision of the court. Approach the situation with transparency and honesty. A willingness to prioritize the best interests of the child goes a long way.
The needs of the child
Another factor is an increase in the needs of the child. As children grow older, their expenses may rise, especially concerning education, extracurricular activities or medical needs.
Parental responsibilities
Assess the level of parental responsibility each parent has. If one parent is shouldering a more substantial burden of childcare responsibilities or if the child spends more time with one parent, the financial contribution of each parent may need reassessment.
It is important to approach these matters thoughtfully. Presenting clear evidence of any changes in circumstances and advocating for the best interests of the child is necessary.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512652024-02-06T19:47:28Z2024-02-08T19:47:21ZAssessment situation
The court conducts a thorough assessment to determine the extent of the violence and its impact on the child. This involves considering factors such as the severity and frequency of the violence, any threats made and the child's emotional and physical well-being.
Protective measures
To ensure the safety of the child and the non-abusive parent, the court may implement protective measures. These measures can include restraining orders, supervised visitation or even denying custody or visitation rights to the abusive parent altogether.
Best interest of the child
The court makes custody decisions based on the best interests of the child. This principle guides the court's determination of custody arrangements, taking into account factors such as the child's safety, stability and relationship with each parent.
Evidence and documentation
Evidence of domestic violence, such as police reports, medical records or testimony from witnesses, is important in these cases. The court relies on this evidence to make informed decisions about custody and visitation rights.
Child's wishes
In some cases, the court may consider the wishes of the child, especially if they are older and mature enough to express their preferences. However, the child's safety and well-being remain the paramount concern.
When domestic violence is an issue, courts prioritize the protection of the child while striving to maintain the involvement of both parents in their lives when it is safe and appropriate.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512632024-01-27T20:06:18Z2024-02-02T20:05:17ZRetirement savings
Retirees often rely on accumulated savings to fund their golden years. When facing divorce, they should evaluate retirement accounts, such as 401(k)s and IRAs.
Tennessee follows equitable distribution principles, meaning the fair but not necessarily equal division of assets acquired during the marriage. It is necessary to have a clear understanding of the value of these accounts and consider potential tax implications when dividing them.
Real estate holdings
For many retirees, real estate is a significant part of their asset portfolio. Whether it is the marital home, vacation property or rental units, determining how to divide real estate is a major aspect of the divorce process.
Retirees should carefully assess the market value of their properties (the median value of a home in Knoxville is $184,200). The parties should decide whether selling, buying out the other party or opting for a property swap aligns with their financial goals and circumstances.
Stock brokerage accounts
Stocks, bonds and other investments in brokerage accounts are common assets among retirees. During divorce, the parties should identify and value these assets accurately.
Understanding the tax implications and potential capital gains is important when considering how to distribute these holdings. Explore the option of a Qualified Domestic Relations Order (QDRO) for retirement accounts to ensure compliance with legal requirements.
Social Security benefits
While Social Security benefits are not divisible in divorce proceedings, there could be an effect. For example, divorced seniors may be eligible for spousal benefits based on their ex-spouse's earnings record, provided the marriage lasted at least 10 years and the claimant remains unmarried.
Divorcing retirees in Tennessee face unique challenges as they navigate the complexities of asset division. However, they can make informed decisions that align with their financial well-being in this new chapter of their lives.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512612024-01-25T18:21:26Z2024-01-25T18:21:26ZDigital transparency: A double-edged sword
Social media platforms let people express their thoughts, feelings and daily activities. However, this digital transparency can become a double-edged sword during divorce proceedings.
While the intention behind a post may be innocent, its interpretation may vary. Opposing sides can interpret photos, status updates and comments in many ways to make statements about a person's lifestyle, spending habits and overall well-being.
Impact on custody and financial matters
Social media details can influence important aspects of divorce, particularly those related to child custody and financial matters. A seemingly harmless post from a vacation could support arguments about a spouse’s financial standing.
The median household income in Pigeon Forge is $53,380. An expensive purchase someone posts about on social media may invite issues. Likewise, posts highlighting parenting styles or behaviors can backfire in discussions regarding child custody.
People undergoing divorce should be careful in their online activities. Being mindful of the public nature of these platforms and refraining from oversharing personal details can help mitigate the risks during discovery and other stages.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512592024-01-10T21:39:41Z2024-01-11T21:39:15ZEconomic consequences for women
A key reason divorce disproportionately affects women's standard of living is the economic consequences they face. Women who were homemakers during the marriage may find themselves with limited work experience or outdated skills. This can make it challenging to secure well-paying jobs. As a result, they often experience a more drastic reduction in income post-divorce compared to their male counterparts.
Alimony and child support challenges
Alimony and child support payments seek to mitigate the financial impact of divorce. However, women often face challenges in obtaining adequate support. Non-compliance with court-ordered payments, difficulties in enforcement or the limited duration of these arrangements can contribute to financial struggles for women. Securing consistent and fair support is the key to maintaining a stable standard of living post-divorce.
Asset division disparities
The division of assets during divorce helps determine each party's financial future. Women may receive a smaller share of marital assets due to various factors, such as disparities in income or a lack of financial literacy. This unequal distribution can impact women's ability to maintain their pre-divorce standard of living. This is especially likely if they were economically dependent on their former spouses.
According to Kiplinger, the average woman over 50 sees her standard of living drop by 45% when her marriage ends. The average man over 50 sees his fall by 21% when facing the same circumstances. Addressing contributing issues requires a comprehensive approach to ensure a fair and balanced outcome for both parties involved in divorce.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512572023-12-29T22:17:34Z2023-12-29T22:17:34ZCommunicate with your co-parent
The first step is to communicate with your co-parent. Try to have a calm and constructive conversation about the importance of following the custody agreement. Sometimes, a simple discussion can resolve misunderstandings or address minor issues without further conflict.
Document the violations
If talking does not work, start documenting the violations of the custody agreement. Keep a record of dates, times and details of each incident. This documentation can be important if you need to seek further action.
Seek mediation
Consider mediation as a way to resolve the issue. Mediation involves a neutral third party who helps both parents discuss their concerns and work towards a solution. It can be a less confrontational way to address the problem and find a mutually acceptable resolution.
Review and adjust the custody agreement
Sometimes, the original custody agreement may no longer suit the family’s current situation. If this is the case, both parents can agree to review and adjust the terms of the agreement. Changes should focus on what is best for the children.
When a co-parent does not honor a custody agreement, it is important to address the issue with care and consideration. Taking these steps can ensure that the co-parenting relationship remains respectful and effective, even in challenging circumstances.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512552023-12-18T22:06:11Z2023-12-18T22:06:11ZEmphasize open dialogue
Start the conversation by highlighting the importance of communication in your relationship and that you merely want to discuss weighty issues regarding joining lives. Make it clear that you intend to protect each other's interests no matter what transpires and that the terms are negotiable.
Explain your rationale
Clearly articulate your reasons for considering a prenuptial agreement. Being honest about your motivations fosters understanding and trust. It may also be effective to argue that prenups are widely popular, with 42% of U.S. adults supporting these deals. Prenuptial agreements no longer have the same negative stigma as before.
Reinforce your commitment
Stress that your intention is not to undermine the foundation of your relationship. On the contrary, you hope that this legal framework will help fortify it. Emphasize your commitment to the marriage and reiterate how important it is that you face potential challenges together.
Raising the subject of a prenuptial agreement requires thoughtfulness and empathy. If these qualities are part of the discussion, both partners should feel valued and heard. With such a document in place, having a clear path forward will make a potential split as painless as possible.]]>On Behalf of White & White, Attorneys at Lawhttps://www.thewhiteandwhitelawfirm.com/?p=512532023-12-16T21:24:00Z2023-12-16T21:24:00ZTennessee's approach to property division
Tennessee courts rely on the principle of equitable distribution to divide property between spouses. Consequently, assets do not necessarily get a 50/50 split. Rather, the court focuses on what is fair and considers multiple angles.
The first step involves determining whether the vacation home is marital or separate property. Tennessee Code Title 36 details the differences between these two types of assets.
Marital property typically includes anything the couple acquired during the marriage. Separate property most often pertains to items that a spouse owned individually before the union. Therefore, the classification of a vacation home largely hinges on who purchased the property and when.
Other factors that influence property division
The court usually starts by weighing the financial contributions each party made toward the home’s acquisition, maintenance and improvements. Furthermore, nonfinancial contributions, such as time on upkeep or improvements, are also a determinant.
Additionally, the court reviews each spouse's contributions to the marriage as a whole and their respective economic circumstances. Future earning capacity, child custody decisions and the overall well-being of each spouse are elements to consider.
How the court divides the property
Of course, real estate is harder to split than liquid capital, such as cash or investments. After determining an equitable division, the court can award one party the vacation home and give a fair amount of the remaining assets to the other spouse.
If this arrangement is not possible, the following outcomes are available:
The court orders the sale of the house and splits the proceeds
One party buys the other out
The ex-spouses jointly own the home
Each case is unique, and the law makes clear that courts do not have hard and fast rules for what to do.
However, judges often prefer to allow whatever arrangement the spouses agree to, as long as the outcome is fair. Awareness of the deciding factors and the ability to prove one’s contribution to the marriage can allow a person to achieve a more favorable outcome regarding the vacation home.]]>