Articles Tagged with Tennessee divorce

Copy-of-Kids-are-expensive-paul-blog-post-YouTube-Livestream-Video-300x169With the average age of marriage increasing, people are bringing more and more assets into a marriage. With that in mind, you should consider how to protect those assets in the event of a divorce. People have a tendency to scoff at the idea of a prenuptial agreement, also known as an antenuptial agreement or ‘prenup.’ Prenups are viewed as a sign that you do not think your marriage will work out or that you do not trust your future spouse. But I will ask you this: Would you rather decide how your assets and liabilities are divided when you are in love with your partner and have each other’s best interests at heart, or would you rather wait to have that discussion until the worst-case scenario has occurred and you now despise each other?

What goes into a prenup?

A prenup helps ensure that you and your future spouse have a clear understanding of the division of finances and property if a divorce were to occur. It can also be used to outline how income will be utilized during the marriage, i.e. who pays what bills. In addition, a prenup affords you the opportunity to discuss various scenarios, such as whether you will receive additional finances at the time of divorce if you stayed home to take care of the kids.

Cole Law Group BlogThe marriage is over but the divorce lingers on.  Perhaps you are one who has now reached a high level of frustration because you still can’t get on with your life, because you and your ex-spouse are deadlocked on every issue, and because your divorce is dragging along at a snail’s pace.  Actually, your consternation may be justified.  The prolongation of divorce proceedings is both financially ruinous and emotionally devastating.  And you shouldn’t have to endure it forever. 

In Tennessee the procedure for dissolution of marriage is pretty straightforward.  A no-fault divorce based on irreconcilable differences with no minor children involved has a minimum statutory waiting period of 60 days (90 days if minor children are involved.)  This uncontested divorce process should be completed within one year and consists of four primary steps:  1) File a petition for divorce with the  court, 2) Prepare a Marital Dissolution Agreement, 3) Agree on a Permanent Parenting Plan if minor children are involved, and 4) Schedule a final hearing in court. The procedure for a contested divorce, on the other hand, can take up to two years and beyond to finalize simply because of the filing of motions and counter motions, discovery (interrogatives, fact finding, and depositions), court ordered mediation, or multiple hearings and a backlog of court cases.

And even though a contested divorce by its very acrimonious nature takes longer to resolve, it is wise to be aware of certain mindsets and external influences that can turn a routine process into a never-ending nightmare.  Below are some bumps in the road that can derail a successful, timely divorce resolution.

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