Category Archives: Property Division

What is Alimony?

Alimony is a legal obligation of one spouse to provide support to the other spouse after a divorce or legal separation. Most often, this support is in the form of monthly payments of a set amount.

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What is a Marital Dissolution Agreement?

A marital dissolution agreement (sometimes called an “MDA”) is a document used in irreconcilable differences divorces.  It’s basically a contract between a husband and wife to end their marriage and divide all the marital property and marital debts.  In order to properly draft your MDA, your lawyer will need a lot of information about the [...]

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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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Division of Marital Debt in Tennessee

I’ve previously explained how Tennessee courts will divide marital assets during a divorce, and I clarified how the court will divide property that was purchased after the parties separate, but before their divorce was final.  That’s great, but what about debt?  With the economy the way it is, many couples have a significant amount of [...]

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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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How Discovery Can Help Win Your Case

Lawyers use a lot of tools and techniques to build their client’s divorce case, but one of the most useful (and sometimes most feared) is the discovery process. Discovery is so useful that some attorney’s use it as a threat. Find out how discovery can help your case.

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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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Your Prenuptial Agreement is Junk! Part 2

Even if you have a perfectly good prenup that makes adequate provision for your spouse, leaves the custody decisions up to the court, and makes a perfectly sensible division of property, you can still screw it up.

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Your Prenuptial Agreement is Junk! Part 1

If you spend much time watching TV or follow the dramatic lives and divorces of celebrities, you’ve undoubtedly heard of prenuptial agreements (what some people call a “prenup”) and the problems they can cause.

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Dating while Separated

So what’s the problem? The divorce has been filed. The parties are separated. The kids are spending time with each parent. The divorce is so close you can taste it, why not go ahead get out there, have some fun, and re-enter the dating scene?

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