Important Aspects of the Divorce Process
Divorce can be a very stressful time. Before embarking on the divorce process, it is beneficial to know what to expect moving forward. This could eliminate some of the evitable anxiety that you may experience.
Property Division: In Tennessee, all property is subject to division between both spouses. There are two different types of property: separate and marital. Separate property is property or debt that you had before you entered into the marriage or property that was inherited. Marital property is property or debt that was bought or was accumulated during the marriage. Property that is marital can be divided through an agreement known as a Marital Dissolution Agreement. If you and your spouse cannot come to an agreement, the Judge divide your property and debt in a manner that is reasonable and fair. The Judge may also look at factors such as the length of the marriage, education levels of the spouses, and the age and health of the spouses.
Spousal Support: In some cases, you may be entitled to spousal support or alimony. This is a form of support that a financially disadvantaged spouse receives from a spouse after a divorce. You may also ask the court for financial support from your spouse during the divorce process known as pendente lite support. The Judge looks at a variety of factors when awarding spousal support including: the spouses’ health, earning power, financial needs, and standard of living that the couple previously enjoyed.
Parenting Plans: In Tennessee, the courts require that the parents develop a parenting plan that addresses visitation and other legal responsibilities pertaining to the children. The Parenting Plan also addresses child support. It is always best to create a plan with your spouse that works for you and your children. It you are unable to do that; a Judge can decide and will look at factors pertaining to what would be in the best interest of your child or children. The factors that the Judge may look at include: the physical, mental and emotional health of the child and the parents, nature of the parent-child relationships, and each parents’ history of and potential for meeting parental responsibilities.
Overall, the divorce process can be very overwhelming. It is important that you speak with an experienced family law attorney to help guide through the process. The attorneys at Kelli Haas and Associates are here to answer your questions. You can reach Emily by telephone at (615) 567-7306 and by email at emily@khalawgroup.com.
