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Knoxville Tennessee Divorce Law Blog

Can a prenup waive alimony rights?

Divorce is a naturally complicated process. However, it can be much simpler if both parties willingly agree to sign a prenuptial agreement prior to the marriage. In the past, it was mostly wealthy people who would utilize prenups. However, attorneys have seen a gradual increase in the prevalence of prenups since 2013. 

There are many things you can cover in a prenup, but there is a lot the law will forbid you from including. Although many states have laws against including anything about alimony in a prenup, Tennessee allows married couples to waive rights to alimony. There are several provisions that must be present for an alimony waiver to be enforceable. 

How the property division process works during divorce

Property division can be an especially challenging part of any divorce and can grow particularly acrimonious in circumstances of a high asset divorce. In addition, property division can be complex. In Tennessee, equitable property division rules are followed which means that property will be divided fairly but not necessarily in half so it is helpful for divorcing couples to have a good handle on the process and prioritize their property division interests.

One of the goals of the divorce process is that both spouses are in a positive financial position moving forward. To that end, it is useful for them to understand the property division process and also to understand the implications of property division such as the tax implications, for example. There are two broad categories of property involved in the property division process including marital property and separate property that divorcing couples should take into account. Marital property is subject to division.

When is alimony awarded in a divorce?

Alimony is an important concern in any divorce and can have an impact on the future of both parties following the divorce. As a result, divorcing couples in Tennessee may have a variety of understandable questions concerning alimony and when and how it is awarded. Additionally, they may wonder how to anticipate the amount of any alimony award and the duration of an alimony award.

Alimony is intended to offset any unfair financial impact of the divorce by compensating a lower wage-earning or non-waging earning spouse with alimony payments. Alimony helps the lower-wage earning or non-wage earning spouse continue in the standard of living they enjoyed during the marriage or enable them to develop the job skills they need to become financially self-sufficient after a period of time when they may have remained in the home to take care of the family or support the working spouse.

The basics of child custody in Tennessee

Child custody laws are important for many families to understand and be familiar with. Oftentimes the more families understand about what family law resources are available and how they can help them, the better position they are in to develop child custody arrangements that are in the best interests of the child and work best for their family.

Child custody laws are largely consistent from state to state but there are some differences. As it true in all child custody situations, regardless of the state or locale, what is in the best interests of the child is the guiding consideration. A variety of factors are taken into account to determine what is in the best interests of the child. In Tennessee, the child's wishes can also be considered when determining what child custody arrangement is in the best interests of the child and works bests for the family. Joint custody is also a possibility in Tennessee.

Tips for couples going through a grey divorce

Because the divorce rate for couples over 50 has doubled since the 1990s, a greater number of older Americans are experiencing divorce which can have a particularly negative impact on retirement plans. During 2015, 10 out of every 1,000 married individuals divorced and the number of grey divorces, or divorces over 50, was higher among those that were remarried.

As a result, it is important for couples going through a senior divorce to be familiar with the divorce process. When divorce takes place later in life, it can be more challenging to recover financially from the divorce. Property division is an important part of the divorce process for couples to understand which involves the splitting of assets and can double expenses which is why it can be a challenge for couples, especially those going through a grey divorce.

What to include in your domestic violence escape plan

You may have felt trapped in your abusive marriage for years, but now you are ready to get away and start your life over. However, leaving an abusive spouse is rarely easy, and it may even be dangerous. It is crucial for you and other Tennessee residents to understand how to get away from an abuser as safely as possible.

Domestic violence may have been a part of your life for so long that it can be difficult to find the courage to escape. Your self-esteem and confidence may have been eroded to the point where you feel like you cannot make it on your own, yet you are not willing to live like this anymore. Additionally, your own physical safety, as well as your children’s, may be at stake. The National Domestic Violence Hotline advises victims of abuse to make an escape plan before they leave. This can help you organize the important documents and belongings you will need to take with you, as well as the steps to get away from your abuser safely.

Answering important questions about property division

Property division is an understandably important concern for many divorcing couples. Understanding how property is divided upon divorce in Tennessee can help put some concerns at ease. Tennessee follows equitable property division rules. It is important to note that equitable property division does not refer to equal property division. The court will seek to divide property in a way that is equitable, or fair, to the divorcing couple but not necessarily equal.

When conducting property division during divorce the family law court will consider several factors. Factors that will be evaluated include each spouse's contributions during the marriage; retirement benefits; Social Security benefits; the length of the marriage; the mental and physical conditions of each of the divorcing spouses; and the ability of each of the divorcing spouses to provide for themselves.

Should I request alimony during my divorce proceedings?

When two Knoxville residents decide that they are ready to end their marriage in divorce they look forward to severing all of the ties that bind them to each other. However, certain factors such as the sharing of minor children or joint business ventures may force them to continue certain lines of communication into the future. Another responsibility that may exist between ex-spouses long after their marriage has ended is the existence of an alimony order.

Alimony, also called spousal support, is a financial obligation wherein one former spouse pays money to the other. Alimony can be awarded for a number of reasons and can endure for different lengths of time; the specific nature of a divorce-based alimony award will depend on the circumstances of the people going through the divorce process.

Tennessee courts recognize fault and no-fault grounds for divorce

There are a host of requirements that a Knoxville resident must meet in order to secure a divorce in the courts of Tennessee. One of those requirements involves the individual pleading grounds for their requested divorce. The grounds that they plead must demonstrate to the court that their marriage is over and that it should be legally ended through divorce.

When couples simply grow apart and no longer wish to be married they may be able to pursue no-fault divorces. A no-fault divorce may be based on the irreconcilable differences of the parties. If the spouses can no longer function as a marital unit and wish to bring their union to its end they may pursue this path.

A review of child custody options in Tennessee

Matters related to the custody and visitation rights of parents during a divorce can be some of the most difficult to sort out. While Tennessee courts are bound to protect the best interests of the children whose lives will be affected by the agreements and orders they approve, it is important that parents understand what options they have when it comes to maintaining their relationships with their kids in the face of their divorces. This post will provide a very broad overview of legal and physical custody as well as how those types of custody may be shared between parents; this post does not, however, provide any legal advice to its readers.

Legal and physical custody are both important aspects of child custody. Legal custody involves the power of a parent to have a say in matters related to their child's education, religious exposure and medical care. Physical custody relates to the right of a parent to have their child live with them.

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

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