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The Worst States To Get Divorced

The Worst States To Get Divorced

A few days ago, Forbes published an article called "The 7 Worst States To Get Divorced".  The author, Bruce Provda, ranked states based on: cost of filing, minimum separation period, length of residency required, waiting period, and minimum number of days for entire...

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Alimony Terminated Because Mom Moved In.

Alimony Terminated Because Mom Moved In.

While the divorce was pending, the parties in this case agreed on terms of a marital dissolution agreement which settled all of the issues in their case.  One of the terms required the husband to pay alimony to the wife according to the following language: The Husband...

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Judgment for Overpayment of Child Support

Judgment for Overpayment of Child Support

What happens if you’re paying child support through Child Support Services of Tennessee and you discover that they have taken too much of your money? It used to be that the State would say that you’ve just made an involuntary gift to the other parent, and you should be happy for the opportunity. Fortunately, the courts have finally introduced some sanity into the situation.

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Husband’s Concealment of Assets Results in New Division of Property

When a court divides the assets and debts of a couple as part of a divorce, the court must normally rely on values of the assets that are supplied by the parties. With some assets, such as bank accounts and credit cards, the balances should be easy to determine. However, sometimes people try to hide money in order to deceive the court and gain an advantage

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What is an Annulment?

Both an annulment and a divorce will end a marriage, but an annulment is retroactive, meaning it erases the marriage from its beginning almost as if the marriage had never existed at all.  This is appropriate if your marriage has some defect that caused it to be...

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Changing the Name of a Child Born to Unmarried Parents

Tennessee law says that when a child is born to married parents the child will have the father’s last name, unless the parents request otherwise. However, a child born to parents who are not married will have the mother’s last name unless both parties agree on another name. An action to establish paternity or chid support will not automatically cause the child’s name to be changed.

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Property Division for Unmarried Couples

Suppose you’ve lived with the love of your life for many years. Suppose during those many years the two of you have purchased property together, made a nice home for yourselves, and accumulated a lot of assets. However, the two of you never decided to get married, but now it’s time to go your separate ways. How do you divide your property?

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When Can Alimony Payments Stop?

After a few years of paying alimony, you might say to yourself “I’ve been paying all this money to my ex-spouse for a long time. The situation is a lot different than it was when we got divorced. Can I stop paying the alimony?”

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How Alimony is Calculated in Tennessee

Among the various decisions and surprises that you may face as part of your divorce is establishing how much alimony will be paid by one spouse to the other. This can be a vexing problem because where child support is set using a cut-and-dry calculation, alimony is determined using a much more subjective procedure.

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Lose the Spouse, Sell the House

The easy way out in a divorce is for the two parties to negotiate and agree that the husband will pay certain debts, and the wife will pay certain other debts. The problem is, unless you arrange to have your name removed from joint accounts, you might find yourself responsible for more debt than you bargained for.

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Facebook Places and Your Security

Facebook recently launched a new function called Facebook Places.  This is a new function (active on your mobile device) that allows you to quickly post not only your location, but you can include the names of those with you. At first blush, this sounds like a lot of...

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Marital Property after Spouses Separate, part 2

Suppose the wife of a wealthy lawyer files for divorce in January, and the couple spends several months negotiating a settlement. Eight months later, they still haven’t got the divorce settled, and the lawyer gets awarded a big fee in a case he’s been working on for several years. When I say “big”, I mean a fee in the amount of $17,000,000. It’s been almost a year since the couple split up, is the wife entitled to some of that money?

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How is Child Support Calculated?

Gone are the days when child support payments were calculated by simply taking a percentage of the payer’s income. Tennessee (like many states) has adopted the “income shares” model for calculating child support payments. The process has become so complicated that Tennessee provides a software child support calculator to help parents and attorneys determine the payments.

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Keep Your Mouth Closed During Your Divorce!

Many divorce cases are either ruined or complicated because the parties involved simply talk too much.  If you are in the middle of a divorce, my biggest piece of advice to you is to keep your mouth closed.  Rumors have a way of coming around to haunt you, and what...

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What Documentation do I Need During My Divorce?

This is an example of the documents I’ll need in order to proceed with your divorce (this may change depending on your situation). Gathering some of these may involve a little time and effort on your part,but this is the documentation I need in order to protect your rights and make sure you get the settlement you deserve.

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How Can I Reduce My Legal Fees?

Without a doubt, this is the question I hear more than any other. Legal problems can be very expensive and many people put off talking to a lawyer out of fear of the legal fees. Very often people could lower the cost of hiring an attorney if they would do a little preparation early in their case. Here are some ways to make your legal representation more affordable.

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Misguided Child Support Enforcement – Part 1

A guy called me from one of the New England states because he had been sued by the Tennessee Child Support Services. The child support order required him to pay a certain amount of child support to his son’s mother in weekly installments. In order to make his life easier, he was paying a full month’s worth of support at the beginning of each month.

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I Got a Girl Pregnant, What Should I Do?

This question comes up most often in the case where a casual encounter leads to a pregnancy, and the mother of this child is not anxious to let the father see or spend time with the child. If your situation is anything like this, there are some steps you can take, and there are also some consequences you need to understand.

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Grounds for Divorce

Tennessee is a fault-based state, which means that the person asking the court for a divorce must show that there is some basis, or reason, for the marriage to end. The statutes offer many different possible reasons (called “grounds”).

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The Purple-Faced Lawyer Test

Some lawyers say that they’ll argue anything that doesn’t turn their face purple from embarrassment. This is called the “purple face” test. While your attorney has an ethical duty to be candid with the judge and jury, you expect him to look at the facts from every possible angle and perhaps use a little creativity to formulate a realistic and favorable perspective to present to the judge or jury.

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Boring Sex and Bad Body Odor are International Problems

If you are thinking that the high divorce rate is uniquely American, take a look at this article from Malaysia. In an effort to curb the rising divorce rate caused by “body odour, humdrum sex and boring pyjamas”, the Malaysian government is hiring marriage consultants to teach people how to spice up their sex lives.

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The Gentile Art of Property Management Within Marriage

This is the story of one of the biggest fights my wife and I ever had. It was all about “abandoned property”. We were at dinner one evening with a group of friends. I don’t remember exactly why, but we were sitting in the bar section of a restaurant, and I remember watching sports on the televisions mounted on the walls.

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Letterman May be Facing Divorce

As could have been predicted, rumors are that Letterman’s wife wants a divorce. If so, I’ll be watching with interest as his case would touch on a couple of issues I’ve written about recently. I had written about whether or not Hugh Hefner’s wife could use “adultery” as grounds, and I’ve described how property division is handled in Tennessee. So how would a Tennessee court handle this situation?

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Same-Sex Divorce in Tennessee Revisited

About a week ago, I posted about whether same-sex couples can get a divorce in Tennessee. I wrote that they could not, and I still have that opinion, based on Tennessee’s current constitution and statutes. However, it appears this issue may come to a head in Texas, where a district judge ruled that a gay couple could be divorced, even though Texas will not recognize a marriage between two people of the same sex.

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How Social Media Helps Your Divorce Lawyer

One of the first things I talk to my divorce clients about is their online presence. Before we even think about filing for divorce, I tell them their MySpace, Facebook, and other social pages need to be cleansed and purified. I tell them we’ll just have to hope their spouse hasn’t been keeping copies of their pages and pictures they’ve posted.

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Property Division During Divorce

My clients are often very concerned about the property division in a divorce. Everybody has heard stories about someone getting “cleaned out” and being left with nothing while their spouse lives in the lap of luxury. Does this really happen? Is it fair? What can you do to stop it?

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