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Williamson County Divorce Law Blog

Types of alimony provided by Tennessee law

Today, more and more marriages have spouses who are equal in every sense. In most marriages, both spouses are equally educated, qualified and capable of earning an independent wage. Although Tennessee law addressing alimony has not been modified legally, its interpretation has changed in light of present-day society.

Four types of alimony are available under Tennessee law and enforced by the Tennessee Supreme Court. These types are alimony in futuro, alimony in solido, rehabilitative alimony and transitional alimony. A court can approve one of these or any combination, as suitable to a specific case.

What are the various kinds of domestic abuse?

There may be Tennessee residents who are facing constant domestic violence but are not aware of it. Abuse can be defined as certain pattern of behavior repeated to maintain power and control over an intimate partner. These actions arouse fear in the mind of the partner preventing the person from doing what the abuser wants. It can also include forcing people to do something they do not want to do. Most common forms of domestic violence include physical, emotional, sexual, reproductive and financial abuse.

Physical abuse can range from physically harming a person by punching, kicking, to even using weapons to harm or threaten to harm. Even preventing someone from eating, sleeping or going out of the house can also amount to physical abuse. Physical abuse also results from damaging someone's property or harming or threatening to harm someone's children.

Understanding the Tennessee Community Property Trust Act

Property division is usually a contentious issue during divorces. In Tennessee, judges try to divide marital property equitably, but not necessarily 50-50.

The Tennessee Community Property Trust Act, or TCPTA, was enacted in 2010 and permits a married couple to transfer property into a Tennessee Community Property Trust. If all requirements are satisfied, then the property is considered community property and in the event of divorce, the trust terminates and the trust property is equally divided between parties, unless an alternate agreement is in force. The benefit derived from the act is available to both residents and non-residents.

A brief overview of child custody laws in Tennessee

Divorce strikes a hard blow to children. While parents look forward to a new life, children get cloaked by a sense of insecurity. The parents whom they loved are no longer together, and the children now might not have a choice where they want to live. In the best interest of the child, most courts in the United States, including Tennessee, give primary physical custody to one parent and order the other parent to provide child support.

Tennessee follows the Uniform Child Custody Jurisdiction and Enforcement Act. According to this Act, child custody orders of other states must be followed. This is done to prevent child kidnappings by non-custodial parents. According to reports, such abductions are on the rise. Courts in Tennessee prefer some form of joint custody, including granting permission of grandparents to visit their grandchildren, rather than sharply restricted a parent's time with his or her child.

A Tennessee high asset divorce has a lot more than money at stake

The biggest issues in bitter divorce battles are usually financial issues related to property division as well the amount of spousal support or child support. Such issues are generally exacerbated in cases of high asset divorces.

In most cases, Tennessee law prescribes that all couples seeking a divorce need to first undergo mediation to settle the terms of divorce mutually. In some rare cases, however, the court may waive the mandatory mediation requirement if it is proven by legal counsel that such mediation would be an effort in futility.

Alimony changes becoming norm for U.S. divorce cases

Alimony, or spousal support, is given to one spouse during or after a divorce to ensure each spouse is treated equally and not adversely affected financially after divorce. Alimony is based on the principle of equity wherein the spouse who did not work outside the home and chose to raise the family is entitled to a share of the money earned by the spouse who worked outside the home.

Alimony can become a bone of contention for many divorcing couples. Spousal support and related issues can become even more of a battle when high assets are to be divided. However, a legal shift has been measured in the understanding and the outside presumption of awarding alimony for a long period time. Historically in the 1920s through the 1970s, alimony was regarded by many men as "free money" or a reward given to a wife in a divorce proceeding.

Domestic violence awareness increasing in Tennessee

According to some definitions, domestic violence consists of harmful action, whether physical, emotional or sexual, perpetrated by one intimate partner on another. Tennessee law strongly condemns any act of domestic violence. Any victim of domestic violence may have access to various helplines and agencies to help them escape a dangerous situation.

Domestic violence became a hot topic of discussion after the recent release of the video of an NFL player assaulting his then-fiancé in an elevator. The impact of the video was seen in Tennessee, where cases of domestic violence are all too frequent. After the video went viral on the Internet, domestic violence hotlines said they observed a surge in reporting and complaints.

Things to consider during a high asset divorce

Financial matters relating to divorce proceedings often become a contentious issue between separating spouses. In cases where the estranged couple has amassed a substantial amount of assets during the duration of marriage, disagreements over such financial matters can get even worse.

Sometimes the emotional upheaval of divorce proceedings ends up causing the estranged couple to act in an uncharacteristic and irrational manner. This often results in caustic financial battles amidst the divorce proceedings. Many couples, especially late in life, have substantial savings, but during a divorce, all marital assets often come into the divorce settlement, especially in the absence of prenuptial agreements.

Obtaining an order of protection in Tennessee - Part II

Domestic violence has become a great cause of concern for women of Tennessee as well as law enforcement authorities. After getting away from a violent partner, with the help of an attorney, one may obtain a protection order from the judge in a court of law.

A protection order may be crucial in protecting one from any further domestic violence by an intimate partner. If necessary, a judge may even render an ex-parte protection order in the absence of the defendant in such domestic violence cases. By nature, the protection order is an interim order that makes the accused stay away from an alleged victim.

High-asset divorces often require expert legal guidance

Many divorce proceedings in Tennessee, like elsewhere in the country, are complicated for a variety of reasons. Emotions often run strong over who will get custody of any minor children, who will pay child support and maybe whether spousal support should be paid. If a couple has considerable assets or properties that need to be split, the process of property division also can create conflict.

Attorneys in the law offices of Judy A. Oxford have had years of practice in dealing with such high asset divorce proceedings. Where large assets and multiple properties are to be split, complex calculations are often required and tax consequences should be factored into the disposal of property. Many times a spouse may be emotionally attached to a property or asset and be reluctant to let it go. Aside from the family home, these might include works of art or high-value collectibles. Judy A. Oxford can help her clients reach fair deals and compromises when it comes to property division, especially by using mediation.

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Judy A. Oxford, Attorney at Law
400 Sugartree Lane, Suite 520
Franklin, TN 37064
Phone: (615) 791-8511
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