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Knoxville Tennessee Divorce Law Blog

Why is it not always best to fight for the house?

Particularly when a Knoxville, Tennessee, couple has been married for a long time, their home may have a lot of memories associated with it, and this alone can make either party want to keep it after a divorce or legal separation.

Moreover, the home may be an important financial investment, in that many Tennessee residents have a lot of their net worth, even the majority of it, wrapped up in their residence. Thus, it may seem that the person who keeps the home has it financially made, while the person who has to move out is going to struggle.

How to get through the holidays as a co-parent

Many people choose to wait until after the holiday season to divorce a spouse, which is why January is the most popular month to divorce. It is a time of renewal and rebirth, and it gives spouses one more holiday to spend with their kids as a family. 

After finalizing the divorce, the next year, parents have to contend with going through the holidays split up. It can be difficult, but it is critical to do what is best for the children. You and your former spouse should create an effective co-parenting plan for the holidays to where everyone is happy and no one feels left out. 

Tennessee victims of violence have family law protections

This month's being Domestic Violence Awareness Month means it is a good time to remember that protecting one's self from domestic violence is not an easy thing to do. Victims naturally may find it emotionally difficult to leave an abusive relationship, and this for very understandable reasons.

Moreover, there are legal and financial problems associated with doing so, including the fact that a victim may have to go through a child custody or parenting time proceeding with her perpetrator. This can be a very scary prospect, particularly if the abuser is trying to deny violence occurred or is still insisting on full custody and visitation rights in spite of it.

What is a QDRO and why would I need one?

Many times, when Knoxville couples who are empty nesters or otherwise further along in their lives decide to separate, one of the biggest assets that will be in play are their respective retirement plans.

If they have been diligent in contributing to their 401(k)s and have not taken out a lot of loans against it, then they may have amassed thousands if not tens of thousands of dollars in these plans.

Good plans prevent parental alienation syndrome

It really is no joke when Knoxville judges, counselors, and other involved in making child custody decisions talk about the best interests of the children being the primary concern. A child custody arrangement can really make or break the mental health and well-being of a couple's children, and this is so without regard to which parent gets what they want.

As a case in point, one phenomenon that can poison a family for years to come is parental alienation syndrome, which is a clinical psychological condition that affects children's mental health and overall outlook on life.

What are people talking about when they refer to shared custody?

Residents of Knoxville may have heard the term shared custody used and may even know parents who have an arrangement involving shared custody.

What they might not realize is that shared custody is not actually a legal term, and it may refer to one or more legal concepts recognized in Tennessee law.

Divorce: what to know about dividing stock options

Numerous people throughout Tennessee possess stock options. These are shares of company stock employers allow their employees to buy at attractive rates, so those individuals now own shares of the organization. They are highly beneficial because they can increase in value over time, thereby enhancing a person's financial portfolio. 

Divorce requires both spouses to bring their assets to the table to determine how to allocate everything. One of the assets that may require division is a stock option. Due to the fact they can be immensely valuable, it is important to understand the basics of how a divorce court typically divides it. 

Look out for these tax consequences of divorce

Many people in Knoxville, Tennessee, who have never themselves gone through a divorce or legal separation probably recognize that one of the biggest chores in the process involves the dividing up of the couple's property. For those with minor children, the court overseeing the divorce case or legal separation will have to enter orders for custody, child support and the like.

While a couple may understand to some extent that there are financial implications with respect to who gets what property and how matters related to the couple's children get sorted out, one thing they might overlook in their calculations is the possible tax consequences of what they are going to do. These tax consequences can, effectively, make thousands of dollars' difference in one's financial situation following a split.

How do I put a value on my small business?

Lot of residents of the Knoxville area make their living by running their own businesses. Oftentimes, these businesses are family affairs, and married couples either both own shares in the business or, at a minimum, or both involved in the business's operations.

If one thinks about it, even those who work full time may technically be business owners. Many Tennesseans have side gigs doing yard work, painting, cleaning or the like, and others may even sell products out of their home.

Representation in relocation disputes

A previous post on this blog discussed the rules in place for when a single parent who is subject to a child custody order needs to move. The basic idea behind these rules is that the other parent, usually the one who does not have the child as often, gets advance notice of the move so that he or she has the opportunity to object or offer an alternative.

It is not a surprise that the law treats the issue of relocation with sensitivity. After all, when one parent packs up and moves some distance from the Knoxville area, then the other parent could be looking at less time with his or her children as well as additional traveling and other costs.

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The Law Office of Robert M. Asbury
5731 Lyons View Pike
Suite 206
Knoxville, TN 37919

Phone: 865-909-7290
Fax: 865-909-9886
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