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Williamson County Divorce Law Blog

Protecting retirement assets during property division

As it is often cited in the media, national divorce rates are at an all time high with as many as nearly half of all marriages coming to an end over time. Although the divorce rate in Tennessee may not be overly alarming, it might be a good idea to plan ahead and cover all your bases for emotionally turbulent times. Among the many issues that may come up in the course of a divorce proceeding, property division could make for a volatile topic.

Property division can be a sensitive topic since a couple jointly invests their time and assets in a marriage, the dissolution of which might cause unwelcome financial upheavals. Hard earned money saved up as part of retirement assets, investments, and Individual Retirement Accounts are all geared towards planning for those years when working might not be an option anymore.

What do Tennessee's equitable property division rules mean?

Statistical data from all over the United States indicates that nearly half of all marriages end in divorce. The end of a marriage signals many changes. For couples with children, child custody can be a major change. Meanwhile, for all couples financial matters can be a major source of contention.

But while property division is a consistent issue, the rules for handling property division are less consistent. In fact, although state divorce laws are generally similar, they can vary significantly on different issues. Matters like property division will differ depending on if the state is a community property state or, such as Tennessee, an equitable distribution state.

An overview of income distribution and alimony

Alimony, alternatively known as spousal support, is a form of monthly payment made by one spouse to another following a divorce. In many case, it is one of the major questions to arise during divorce proceedings. Money matters can become complex if there is a dependent spouse. Alimony is granted to rectify any unfair economic fallout following a divorce.

There is no set formula according to which alimony can be calculated. Each divorcing couple is different and as such the alimony calculation may also differ. Calculations are based on individual circumstances and there are multiple factors which play a role in dictating the outcome.

Domestic violence situations worsened by the presence of firearms

Domestic violence is a horrible crime that continues to plague society even after strict laws have been put in place. Like the rest of the United States, people in Tennessee also suffer from these cases, which leave its victims shocked and traumatized.

Transitioning from situations of abuse to a healthy life is difficult because the threat of cruelty can still linger. Survivors of abusive relationships often say that the absence of a weapon in the household is what saved their lives. In such violent situations, the presence of a gun in the household can prove lethal.

Custody battle between dad and Tennessee foster parents rages on

Child custody is one of the many serious issues that can be trigged by a divorce. Bitter and long-term battles can ensue, some raging for years. Tennessee family courts always take into account the best interests of the child over other issues in play. However, certain instances can occur where a custody battle ensues due to a disputed adoption, not a divorce.

A current custody dispute between a biological ex-con father and a foster-parent couple who raised the child while her father could not, are locked in a five-year battle which has taken place in a Tennessee courtroom and over social media for child custody. The child in question recently turned 10 years old this past week. The dispute began when a court ordered the child be returned to her biological father after he was released from federal prison.

U.S. Marshals apprehend domestic violence suspect

Historically, domestic violence was one of the more underreported crimes until the 1980s and 1990s. The social and legal paradigm shift that followed led to further development in the area of women's rights, culminating in a tougher stand against instances of domestic violence. In recent years, the law has aggressively pursued and tried suspected offenders. A recent incident illustrates the tenacity of authorities in resolving domestic violence cases.

A domestic violence call culminated in multiple law enforcement agencies collaborating and apprehending the fleeing suspect. Earlier in the month a La Vergne city police officer was responding to a domestic violence report when he spotted the suspect fleeing the scene in his vehicle. The officer pursued the suspect after unsuccessfully attempting a traffic stop.

Man arrested, charged with interfering with child custody

In the state of Tennessee and throughout the country, child custody cases stem from a variety of underlying issues, ranging from divorce to abduction. Recently, an 18-year-old youth was taken into custody for interfering with child custody in Jackson County, Florida, after it was revealed that he took a 15-year-old girl from a fireworks display to a bowling alley without her parent's permission.

Officers at the Sheriff's station said that they were informed of a runaway teenager through a phone call. After they received information about the 15-year-old girl who was seen at the bowling alley, deputies arrived at the bowling alley and found the girl. She had reportedly run away from a fireworks event in a neighboring county.

Fair property division; justice beyond a biased prenup

Rarely does a divorce proceeding leave out property division matters. There are many divorces in Tennessee, and elsewhere in the US, and they engage financial advisors and divorce lawyers alike in complex to simple marital asset divisions. And every one of these professionals strive to reach one objective; a just and equitable marital property division for their client.

A fair marital property division is on everyone's mind during a divorce. Sometimes, people enter into prenuptial agreements before getting married in order to ensure fairness and impartiality in marital property division in the event of a divorce. These agreements become tools that can direct an asset division when divorcing.

Tennessee lawmakers aim to introduce new domestic violence law

In a recent domestic violence case in Tennessee, a well-known contractor was arrested and taken into custody for brutally assaulting his girlfriend. According to an order of the commissioner, he was to be held in custody for 12 hours. However, the judge presiding over his case ordered his release after only three hours in custody. According to reports, the judge had a conversation with the suspect's lawyer before authorizing his release.

Following his release, the suspect returned to his residence where he allegedly assaulted his girlfriend for a second time. According to police reports, the woman was in the process of collecting her belongings before vacating the suspect's home when he returned and attempted to strangle her.

Property division follows Banderas-Griffith divorce

Tennessee may not have the highest divorce rates among the 50 states but given the national average of almost 50 percent of marriages ending in divorce, divorce is still common here. When divorce happens, property division is one of the more important issues. Sometimes, the nature of the assets to be divided may dictate the complexity of the process.

In a recent case, Antonio Banderas' and Melanie Griffith's marriage is coming to an end. The divorce will most likely be complex. The couple announced that they have decided to end their marriage after much thought and mutual agreement. In the case of a high-asset divorce, the people are faced with complex property division; in this case, the divorce will end a 20-year union.

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