Marriage Equality and Cohabitation Agreements
Tuesday, March 17th, 2020
Prior to the Supreme Court case Obergefell v. Hodges, LGBTQ couples who were barred from marriage entered domestic partnerships and “common law marriages.” Many states recognize “common law marriages,” which is when a couple lives together and presents themselves as married to friends, family, and society at large without a formal marriage ceremony and solemnization. If a […]
Read More »How Are Debts Allocated in a Divorce?
Wednesday, March 11th, 2020
While it is important to consider how the division of assets impacts a divorce, debts are also a major consideration. Debts that are incurred during the marriage must be equitably divided between the parties. The court will look at the source of the debt and the ability of the parties to pay. After examining these […]
Read More »Do you need a prenuptial agreement?
Tuesday, April 16th, 2019
Do you need a prenuptial agreement? To determine the answer to that question, you should first understand what it is. A prenuptial agreement is a written contract entered into by couples before a marriage. It provides a disposition of assets and obligations in the event of a divorce. To obtain one in Tennessee, each party […]
Read More »Defining “Light” in Lightly Contested Divorces
Friday, November 9th, 2018
As an attorney that practices in the area of contested family law issues, I encounter varying degrees of acrimony (or bitterness) between parties. However, there are times when there is minimal acrimony and the parties arrive at a mutual decision that divorce is the best option. This does not mean that the parties agree on […]
Read More »Are Men’s Rights Really at Risk in a Divorce?
Monday, March 12th, 2018
Recently, men are being targeted by sophisticated marketing campaigns, “alerting” you to a supposed disadvantage you will suffer in a family law court, scaring you with the notion of a judge who “always favors the woman” and who will take your children and your money away from you. These firms promise that if you only […]
Read More »Pet Custody: What About the Dog?
Wednesday, January 10th, 2018
The New Year brings new laws in many states. One interesting law in Illinois that went into effect on January 1, 2018 treats pets more like children in divorce action than property. In Illinois, effective January 1, a pet may be subject to a custody order if the owners divorce. A divorce can sometimes create […]
Read More »Is my spouse entitled to my inherited assets?
Monday, November 20th, 2017
A commonly asked question is how an inheritance is handled during a divorce. Oftentimes, at the time a party received an inheritance, a divorce was not being contemplated, so no consideration is given to the use of the inheritance. Under the laws of the state of Tennessee, property inherited is considered separate property, which means […]
Read More »Difference Between Separate and Marital Property
Sunday, August 27th, 2017
What is the difference between separate and marital property? If you are considering a divorce, you may wonder what property you will be entitled to if you divorce your spouse. During a marriage, oftentimes real property is acquired, pension and retirement accounts are created or increased and sometimes an inheritance is received. How and when […]
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